Cossey v. Cherokee Nation Enterprises, LLC

KAUGER, J.,

with whom EDMONDSON, C.J., joins, concurring in part/dissenting in part:

T1 I agree with some of the majority's statements of the law, and I concur in remanding the cause, but not for the reasons expressed by the majority. The dispositive question is whether tort claim jurisdiction belongs exclusively or concurrently in state or tribal court when a non-tribal member falls off a chair at a Cherokee casino. The answer depends on several factors.

2 Indian law does not afford a "one-size-fits-all" solution. Jurisdiction depends on: 1) the choice of court, if any, negotiated under the…