# Bittle v. Bahe

> Supreme Court of Oklahoma · February 5, 2008 · 192 P.3d 810

URL: https://www.frixlaw.com/law-library/cases/9795320

## Case

- **Full name:** Shatona BITTLE, Individually, Plaintiff/Appellant, v. Valentine BAHE and Val Tsosie, Defendants, the Absentee Shawnee Tribe of Oklahoma and Thunderbird Entertainment Center, Inc., Defendants/Appellees
- **Court:** Supreme Court of Oklahoma
- **Decided:** February 5, 2008
- **Citations:** 192 P.3d 810; 2008 OK 10; 2008 Okla. LEXIS 10; 2008 WL 314902
- **Precedential status:** Published
- **Opinion:** Concurrence by Watt
- **Judges:** Winchester, Hargrave, Opala, Taylor, Colbert, Reif, Watt, Edmondson, Kauger
- **Cited by:** 28 later opinions in the Frix Law Library

## Citator (automated)

- **Red flag:** Overruled by Sheffer v. Buffalo Run Casino, PTE, Inc., 2013 Okla. LEXIS 105 (2013).
- Negative treatments: 1
- Distinguished by: 0
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9795320

## How later opinions describe it (automated extraction)

- 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”

## Opinion text

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).

---

Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9795320. Public record. Not legal advice.