Legal Opinion · Dissent
Bittle v. Bahe
Supreme Court of Oklahoma
Decided February 5, 2008No. 103,716Published
1Dissent
KAUGER, J.,
with whom EDMONDSON, V.C.J., joins dissenting.
T1 Someday, the determinative issue will be whether sovereign immunity bars a private civil dram shop action brought against a Tribe and its gaming enterprise by a person injured in an automobile accident after being struck by a driver who allegedly became intoxicated at the tribal casino. Answering the question at this stage in the litigation appears premature because the only evidence in the record is that the driver of the automobile which struck the plaintiff was not at the easino prior to the accident.
T2 The majority ignores the…
2Cases cited26 opinions
- Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
- Oklahoma Tax Comm'n v. Citizen Band of Potawatomi Tribe of Okla.Supreme Court of the United States · 1991
- Kiowa Tribe of Oklahoma v. Manufacturing Technologies, Inc.Supreme Court of the United States · 1998
- Puyallup Tribe, Inc. v. Department of Game of WashingtonSupreme Court of the United States · 1977
- C & L Enterprises Inc. v. Citizen Band Potawatomi Indian Tribe of OklahomaSupreme Court of the United States · 2001
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