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Doe v. Pueblo6/28/2005
or the enforcement of laws and regulations that are directly related to and necessary for licensing and regulation of Class III gaming activities.
In sum, no express authority granted by Congress through the IGRA exists for a state to exercise jurisdiction over visitors' personal injury actions arising out of negligent conduct on the premises of tribal casinos. The IGRA's compact requirement for Class III gaming is not an express grant of authority to states to exercise such subject matter jurisdiction. Section 8 of the 2001 New Mexico/Santa Clara Compact cannot bootstrap Plaintiff's claims as coming within the scope of ยง 2710(d)(3)(C)(i, ii). Nor can the Compact circumvent the Williams rule of exclusive tribal jurisdiction over general tort actions arising on Indian land except pursuant to an express congressional grant of jurisdictional authority.
JONATHAN B. SUTIN, Judge
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