Friday, October 10, 2008

State Appeals Court Rules Tribal Casino Can Collect on Bad Checks

The Michigan Court of Appeals has ordered a patron of the Bay Mills Resort and Casino to pay the full amount for bad checks he passed at the casino in addition to punitive damages. The court overturned a trial court ruling that said the casino lost the right to recover on $19,500 in bad checks because it had not followed administrative procedures pursuant to Michigan gambling regulations. The appeals court ruled that the Bay Mills Resort and Casino, operated by the Bay Mills Indian Community, was not regulated by the state, but by the National Indian Gaming Commission or the Bureau of Indian Affairs or the tribe.

The court also disagreed with the trial courts finding that the casino, by not adhering to its own policies which prohibited cashing of checks in excess of $3,000, lost its right to recover. The court ruled that simply not following your own policies it does not mean you lose your right to recover damages under state law.

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