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New Mexico Supreme Court rules tribal courts have jurisdiction over casino injury cases

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New Mexico Supreme Court rules tribal courts have jurisdiction over casino injury cases


ALBUQUERQUE, N.M. — The New Mexico Supreme Court on Jan. 23 ruled that tribal courts have jurisdiction over personal injury and property damage cases brought against Native American casinos, ending a long battle that saw pueblos and other tribes advocate for protecting sovereignty when such legal claims arise.

The decision stemmed from a 2016 lawsuit in which an employee of an electrical company claimed he was severely injured while making a delivery at Pojoaque Pueblo’s casino. The state Court of Appeals had reversed a lower court ruling that initially called for the case to be dismissed.

The tribe then asked the state Supreme Court to settle the question over jurisdiction.

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In its ruling, the court pointed to previous decisions in two federal cases that effectively terminated a provision in tribal-state gambling compacts that waived sovereign immunity to allow jurisdiction to be moved from tribal court to state court for some damage claims.

One of those federal cases involved a personal injury claim involving the over-serving of alcohol at Santa Ana Pueblo’s casino. The other was a slip-and-fall lawsuit brought in state court by a visitor to the Navajo Nation’s casino in northwestern New Mexico.

Attorney Richard Hughes had filed a brief on behalf of Santa Ana and Santa Clara pueblos, with seven other pueblos signing on. He told The Associated Press on Tuesday that the ruling was significant and long overdue.

“We’ve been fighting state court jurisdiction over these cases for 20 years and so it’s the end of a long struggle to keep state courts out of determining tribal affairs,” he said.

He and others have argued that nowhere in the federal Indian Gaming Regulatory Act did Congress authorize state courts to exercise jurisdiction over personal injury claims.

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The New Mexico Trial Lawyers Association did not immediately return a message seeking comment on the ruling.

Those who have advocated to have state courts hear personal injury cases contend that the people suing tribal gambling operations could face an unfair disadvantage in tribal court.

Some experts expect personal injury lawyers to opt for arbitration before heading to tribal court, but Hughes said tribal courts are “perfectly competent to handle cases like this in a very fair and equitable fashion.”





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New Mexico

Canyon Venado Fire near Clines Corners grows to 852 acres, I-40 reopened

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Canyon Venado Fire near Clines Corners grows to 852 acres, I-40 reopened


The Canyon Venado Fire has grown to 852 acres east of Clines Corners and crews say wind farms in the area are threatened.

CLINES CORNERS, N.M. – The Canyon Venado Fire has grown to 852 acres east of Clines Corners and crews say wind farms in the area are threatened.

The fire is burning just east of Clines Corners, south of Interstate 40.

It forced the closure of eastbound Interstate 40 at Clines Corners on Tuesday night. I-40 reopened Tuesday night. I-40 is back open but smoke still affects visibility.

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“We’re on the side of I-40 so drivers have to be pretty cautious. As far as our establishment itself we’re pretty isolated by the freeway itself as a nice fire break,” said Lincoln Tarantino, Clines Corner general manager.

The fire has burned around 852 acres, up from just 20 at this time Monday.

Crews say the fire is not contained and wind farms in the area are threatened.



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New Mexico

Feds allowed millions of fentanyl pills to ‘walk’ on New Mexico streets: DEA Whistleblower

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Feds allowed millions of fentanyl pills to ‘walk’ on New Mexico streets: DEA Whistleblower


WSET ABC 13 covers news, sports and weather in the Heart of Virginia: Lynchburg, Danville and Roanoke and nearby communities including Amherst, Lexington, Cave Spring, Blacksburg, Martinsville, Farmville, North Shore, Glasgow, Altavista, Gretna, Chatham, Blairs, Bassett, Rocky Mt, Penhook, Moneta and Buena Vista



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Multigenerational center faces AC problems amid summer heat

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Multigenerational center faces AC problems amid summer heat


ALBUQUERQUE, N.M. – Seniors at Manzano Mesa Multigenerational Center say broken air conditioning has left the gym above 80 degrees during peak summer heat.

Angi Gonzales Carver said she goes to the center almost every day and now worries the heat could cancel classes for seniors, adults and kids.

The city said three HVAC roof units at the center need replacement. The city said those units are 20 years old and crews have put in one portable cooler and two fans for now.

“I have a temperature measure, and it was 88 and that was without people,” said Angi Gonzales Carver.

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Carver says the center recently posted a warning sign saying staff will cancel classes and activities if the gym gets hotter than 78 degrees.

“A lot of them have to sit down and they’re they’re fanning themselves,” said Carver.

The city considers all multigenerational centers cooling centers, including Manzano Mesa. The city says it plans to add two more portable units next week while it works to restore the air conditioning.

“I mean, we, as seniors, we deserve better,” said Carver.

The City’s statement

A city spokesperson gave the following statement regarding the HVAC situation:

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“The City is carrying out a planned replacement of the three HVAC roof units at Manzano Mesa Multigenerational Center, which are 20 years old.  Portable cooling units support the gym and two additional portable units will be installed next week. All other areas of the facility remain fully air-conditioned and operational.”



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