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Post by frankcor on Apr 1, 2009 10:49:41 GMT -5
Swimmy, check this out! Employee lawsuit against Oneida Nation dismissed; judge slaps hand of lawyerFrom the article: "Although the court could sanction plaintiff’s counsel for violating Rule 11 based on several of the factual allegations and legal arguments that he has submitted to the court in this litigation, it will not do so at this time. However, the court advises plaintiff’s counsel that the court will not tolerate such conduct in the future and will not hesitate to impose sanctions on him for any future violations." Vickers counters by saying he raised a fair question of whether or not lawmakers intended to make Indian businesses or just the tribes immune from law suits. When the facts aren't on your side, I guess you question the law? |
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Post by stoney on Jul 17, 2009 15:56:10 GMT -5
I'm confused, Frankcor. It doesn't say what the lawsuit involved. Also, it said Smith was employed at Turning Stone since 1990, but TS didn't open until 1993.
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Post by curiousnh on Jul 17, 2009 21:31:48 GMT -5
The article is in error. Smith worked for the OIN in the bingo hall. The bingo hall was operated by the OIN on their territory before the casino was built. The bingo hall then relocated to the casino sometime after it opened in 1993. After 1993, Mr. Smith still worked in the bingo hall at the casino for the OIN. The OIN is the employer for all of its businesses.
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Post by stoney on Jul 19, 2009 13:06:22 GMT -5
Oh, OK.
Do you know what his lawsuit entailed?
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Post by stoney on Jul 19, 2009 18:25:33 GMT -5
In the Oneida's favor, they followed the ADA (Americans with Disabilities Act) when they really didn't have to, since they were a sovreign (sp?) nation.
I worked there right after they 1st opened the casino for 2 years as a "beverage server" & was supposed to wear high heels. After about the 1st month I just couldn't do it due to balance problems from MS. My Dr. wrote a note, & they (the casino/Oneida's) let me wear flats. They were always understanding, & didn't mind the times when I left early due to fatigue.
I'd probably still be there if I had kept the energy necessary to do that job (Hell, it paid better than when I was a Social Worker!).
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Post by Swimmy on Jul 22, 2009 20:28:03 GMT -5
frankcor,
You have to make a good faith basis to challenge a law's interpretation. The laws surrounding tribal immunity are so settled on that matter, he really had no good faith basis. And since the court chose to censure him, I can only assume it wasn't the first time. Courts are very reluctant to sanction an attorney; they bend over backwards sometimes.
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Post by curiousnh on Jul 22, 2009 21:34:53 GMT -5
Stoney, no I do not know what the lawsuit is about. I didn't realize that he no longer worked in the bingo hall. I don't get to the bingo hall very often.
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