267-78 *1272 federal legislation commonly known as Public Law 280, which established prerequisites to a state's acquisition of jurisdiction over civil actions against Indians arising in Indian country, see 18 U.S.C. 3 Oklahoma's Enabling Act, which conditioned statehood on a disclaimer of jurisdiction over Indian tribes and tribal land, see Act of June 16, 1906, 34 Stat. Defendant stated that this issue is controlled by federal law, particularly the following sources: the Indian Commerce Clause of the Constitution, which divests states of authority over Indian tribes, see Const. Explaining the existence of federal subject matter jurisdiction under § 1331 and the propriety of removal under § 1441(b), Defendant identified the following "federal question" raised by Plaintiff's action: "whether the State court has jurisdiction over a tort action arising in Indian country against the Nation." See id. §§ 1331, 14." See Notice of Removal at 1. Choctaw Casino, 230 P.3d 507(Okla.2009).ĭefendant removed the case to this Court by invoking "28 U.S.C. Cherokee Nation Enter., LLC, 212 P.3d 447(Okla.2009) see also Griffith v. Plaintiff based her jurisdictional allegations on recent decisions of the Oklahoma Supreme Court holding that state district courts have jurisdiction over similar tort actions.
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The referenced compact is the Tribal Gaming Compact Between the Comanche Nation and the State of Oklahoma. Her state court pleading alleged that the casino was owned and maintained by the Comanche Nation, which "is a tribal entity registered in the State of Oklahoma under the Compact so that this court has jurisdiction over the persons and subject matter." See Notice of Removal, Ex. Plaintiff commenced this action in the District Court of Comanche County, Oklahoma, on July 24, 2009, to recover damages for personal injuries sustained when she slipped and fell on Defendant's business premises. Also, Defendant recently filed a Notice of Supplemental Authority regarding a judgment favorable to its position obtained by the Choctaw Nation of Oklahoma and the Chickasaw Nation. Defendant Comanche Nation Casino, which is a business enterprise of the Comanche Nation, has responded in opposition to the Motion and filed a supplemental brief, to which Plaintiff has replied. Wilcoxen, Wilcoxen & Wilcoxen, Muskogee, OK, for Defendant.īefore the Court is Plaintiff Veronica Muhammad's Motion to Remand to State Court. Cowan, Hobbs Straus Dean & Walker LLP, Oklahoma City, OK, James G. Reynolds, Griffin Reynolds & Associates, Oklahoma City, OK, for Plaintiff. 2d 1268(2010) Veronica MUHAMMAD, Plaintiff,ĬOMANCHE NATION CASINO, Defendant. #Liveitcomanche – Tricked out my bike with Comanche logos. We’ll re-post the best example of casino pride. Include #LiveitComanche along with photos of you wearing your Comanche Nation Casino t-shirt (for example) or holding up the gift of the week from Comanche Red River Hotel Casino. The other half of the #LiveitComanche campaign is showing pride in your favorite Comanche casino! We get excited about our fans showing us some love and we’ll show you some love right back.
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Stay tuned for the annual #LiveitComanche awards! Our campaign mission to recognize those that contribute to the betterment of our communities and the people within. The idea for #LiveitComanche was born from the desire of Comanche Nation Entertainment associates to recognize and give thanks to those that serve our community. Did you or your family do something charitable? Don’t be shy about letting us know! When you use the hashtag #LiveitComanche, we can further support worthwhile efforts and share successes with as many people as possible.
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To join in the cause and join in on the fun, please share your stories of people making a difference in the community with all of us by tagging your post or tweet with #LiveitComanche when you post on Facebook, Twitter, Instagram and Google+. Living it the Comanche way means living life to its fullest in a way that benefits everyone! To celebrate and recognize the people in our community who volunteer time, expertise, resources and financial assistance to organizations that help empower people and causes of our community, we’ve created the campaign #LiveitComanche. CARING FOR THE LOCAL COMMUNITY AND PRIDE IN COMANCHE VALUESĪll Comanche Nation casinos are committed to actively serving each of the very special communities of which they are a part.