Opinion

Bittle v. Bahe

  • 192 P.3d 810
  • 2008 OK 10
  • 2008 Okla. LEXIS 10
  • 2008 WL 314902
Court
Supreme Court of Oklahoma
Filed
Feb 5, 2008
Status
Published
Author
Watt
On the bench
Winchester, Hargrave, Opala, Taylor, Colbert, Reif, Watt, Edmondson, Kauger
Cited by
28 cases
Authority
More cited than 11.3%

Overruled by Sheffer v. Buffalo Run Casino, PTE, Inc., 2013 Okla. LEXIS 105 (2013)

upholding state court jurisdiction over a dram-shop action brought as part of the "extant jurisprudence" under Oklahoma's "comprehensive statutory scheme" regarding the sale of alcohol and, "[c]onsistent with Rice v. Rehner, ... reject[ing] the Tribe's argument that [ 18 U.S.C.] § 1161 does not authorize the state courts to exercise jurisdiction over the Tribe"

How later courts described this case

  • upholding state court jurisdiction over a dram-shop action brought as part of the "extant jurisprudence" under Oklahoma's "comprehensive statutory scheme" regarding the sale of alcohol and, "[c]onsistent with Rice v. Rehner, ... reject[ing] the Tribe's argument that [ 18 U.S.C.] § 1161 does not authorize the state courts to exercise jurisdiction over the Tribe"
  • observing that the majority opinion "ignores controlling precedents” and that "[ijt takes a great leap of jurisprudence to determine that Rice v. Rehner is dispositive of the issue of sovereign immunity as it relates to private dram shop actions”

Written by the judges who cited it.

Later courts went against this

  • Overruled by Sheffer v. Buffalo Run Casino, PTE, Inc., 2013 Okla. LEXIS 105 (2013)

    Biffle v. Bahe, 2008 OK 10, 192 P.3d 810, is overruled.
    Supreme Court of OklahomaSep 24, 2013Read it

The opinion

WATT, J.

concurring specially.

T1 I express no opinion as to whether liability may ultimately lie against the Tribe under the facts presented. Nevertheless, I agree with the majority's determination that the Tribe effectively waived any right to the shield of sovereign immunity by the casino's agreement to be bound by state law. I also recognize that, generally, the issue of tribal sovereign immunity is established by federal law. In reaching the decision today, this Court has considered federal precedent. However, onee the casino waived its sovereign immunity by agreeing to be bound by Oklahoma law, state law became the measure by which the cause was to be governed. Therefore, the determination that the Tribe is subject to suit in Oklahoma courts rests squarely within Oklahoma law which provides bona fide, separate, adequate and independent grounds for our decision. 1

. Michigan v. Long, 463 U.S. 1032 , 103 S.Ct. 3469, 3476 , 77 L.Ed.2d 1201 (1983).

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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