Partner Steven Paul McSloy, chair of the Firm’s Native American Law Practice, was recently quoted by Law360 concerning a significant Native American Law decision by the 10th Circuit Court of Appeals. The court held that despite the agreement of the Navajo Nation in its gaming compact with the State of New Mexico to allow suits by casino patrons against the Nation to be heard in New Mexico courts, basic principles of Federal Indian Law prevented such jurisdictional bargaining, and thus held that all such suits must be heard in Tribal Court. While a victory for tribal sovereignty in that respect, the court’s holding does raise the possibility that the bargaining power of Tribes to attract business or financing to reservations by agreeing to dispute resolution off the reservation has been curtailed.
Article link: https://www.law360.com/articles/1069168/casino-ruling-may-take-bargaining-chip-away-from-tribes