Federal Court Rules in Favor of Pueblo of Santa Ana in Challenge to Alleged Waiver of State Court Immunity in Gaming Compact

Here are the materials in Pueblo of Santa Ana v. Nash (D. N.M.):

52 — Pueblo Motion for Summary J

55 — Judge Nash Response

63 — Pueblo Reply to Judge Nash

65 — Mendoza Response

69 — Pueblo Reply to Mendoza

90 — DCT Order

91 — Judgment

An excerpt:

Specifically, the Court hereby enters a declaration that the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. (“IGRA”) does not authorize an allocation of jurisdiction from tribal court to state court over a personal injury claim arising from the allegedly negligent serving of alcohol on Indian land, and further that the New Mexico State District Court does not have jurisdiction in the case of Gina Mendoza, Michael Hart and Dominic Montoya v. Tamaya Enterprises, Inc., d/b/a Santa Ana Star Casino, CIV 2007-005711 (“underlying state court litigation”).

Prior federal court order and materials here.

This entry was posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Research, tribal courts and tagged , , , , , , , . Bookmark the permalink.

One Response to Federal Court Rules in Favor of Pueblo of Santa Ana in Challenge to Alleged Waiver of State Court Immunity in Gaming Compact

  1. Vance g says:

    good job by tribal attorneys But after granting relief the court Dismisses the case with prejudice.This is inconsistent but may be to bar similar state cases, as court denied injunction

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