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.

State Supreme Court Rules Coushatta Can Be Sued in State Court

The Louisiana Supreme Court has ruled that the Coushatta Tribe of Louisiana waived its sovereign immunity and can be sued in state court rather than tribal court. The state’s high court, overturning an appellate court’s decision, ruled that the exhaustion doctrine does not apply when bringing suit against a tribe in state court. The court ruled that an agreement signed by the tribe contained an explicit waiver of sovereign immunity and that issue of whether immunity was waived rightfully belongs in state court.