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Question: "Can Tribes Be Sued for Damages or Equitable Relief?"
Information:
Answer: Probably not. Like other sovereign governmental entities, tribes enjoy common law sovereign immunity and cannot be sued:15 An Indian tribe is subject to suit only where Congress has "unequivocally" authorized the suit or the tribe has "clearly" waived its immunity.
Tribal immunity generally extends to agencies of the tribe such as tribal casinos, resorts, and other business enterprises.
Tribal courts generally follow their own precedent and give significant deference to the decisions of other Indian courts. However, because there is no official tribal court reporter and because not all tribal courts keep previous decisions on file, finding such caselaw can be difficult.
I had this same argument with my nephew(Law school Student at USD) and he pretty much told me same thing you did!
I'll just go sit in the corner and let the grown people talk
I had this same argument with my nephew(Law school Student at USD) and he pretty much told me same thing you did!
I'll just go sit in the corner and let the grown people talk
No need to sit in a corner, I was in the same boat a year ago when my MIL tripped over something,fell and while down on the ground she was hit with a rotating car on a pedestal several times just by walking into THAT casino.
She called me and asked what she could do since she was hurt and to find her an attorney because they refused to even talk to her.
Imagine my (little) surprise when I found out there's basically nothing to be done. I had a heck of a time trying to explain it to her.
This kind of thing plus seeing a lot of other bad conduct by reservation residents off the reservation who then flee back to the reservation to avoid penalties has led me to the conclusion that if they want to be a separate nation then fine, we'll treat y'all like other countries like Mexico etc. No more FREE $$$$ from the U.S. and deal with your own affairs totally and thoroughly.
As a member of said "nation" you can no longer vote in U.S. elections nor do you have any say in U.S. affairs. Get your own currency and banking system and everything that goes along with it.
No need to sit in a corner, I was in the same boat a year ago when my MIL tripped over something,fell and while down on the ground she was hit with a rotating car on a pedestal several times just by walking into THAT casino.
She called me and asked what she could do since she was hurt and to find her an attorney because they refused to even talk to her.
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And here is the problem with our country. What happened to personal responsibility. Because your mom had a clumsy moment, she thinks the casino should cough up money? If she tripped over a rock in a forest, would she sue Mother Nature?
And here is the problem with our country. What happened to personal responsibility. Because your mom had a clumsy moment, she thinks the casino should cough up money? If she tripped over a rock in a forest, would she sue Mother Nature?
While your theory is valid it doesn't apply in this case. Elderly woman, problem with the walkway AND a turntable with a car on it right in the entryway that didn't stop when it hit something and was NOT surrounded by a barrier to stop someone from falling into it.
One might think that a business that draws lots of elderly people would try to make access to said business as safe as possible.
Now of course if they are immune from any responsibility then I guess they wouldn't give a darn...
I do think that the casino should pay her the maximum payout of 6,000. Having said that, I think this lady is downright stupid if she thinks the casino owes her 8.5 million. She can lawyer up all she wants, but all the casino has to do is prove that it was a malfunction which will be extremely easy because there are no odds whatsoever on this machine that would have a payout of 8.5 million. Now the woman will be out lawyers fees as well. She should have taken the free weekend, food, and free play and called it a day.
If I were to guess what is going to happen is they are going to offer her a settlement, perhaps something like $10K.
It amazes me how myopic the bean counters are. What the casino should have done is profusely apologized for getting her hopes up with the malfunctioning read-out, given the lady at least half the maximum payout for which that machine was eligible (as a "gesture of goodwill"), and comped her meals. She would have gone home and told everyone she knew about how generous the Lucky Eagle Casino was. The word would spread, and they'd draw in some extra customers, who would pour enough quarters into the slots to make up their loss, and then some.
But instead, the lady will go home angry and tell everyone what a bunch of filthy rotten crooks they are, and urge everyone to never go there again. Sure, the regulars will still keep going. But people on the margins, the ones who are deciding whether to go gambling or do something else with their entertainment dollar, these folks might decide that it's not worth it.
That would have been the right thing to do, but on the other hand when something like this goes to court her lawyer is going to bring up the fact they were paying her $6K on a $10 winner. They will paint it as admission of guilt.
I could never understand why card counting in a casino is considered cheating. Can anybody tell me why?
everybody counts cards. For instance, if you are playing Blackjack and 6 aces come up in a row, you are going to make a mental note that 6 aces are no longer in play. This is counting cards. Some people are just a lot better at it then others. It is one of those taboo things you just don't do at a casino. There are professional poker players that have been sued by using certain 'tricks' to their advantage.
Anything that gives one player an advantage over another player is considered 'wrong'.
The only way to do that is to face up the cards from the house and only one card.
Bigger wins.
Any other combo where player has to think will have advantage depending upon experience.
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