Sheffer v. Buffalo Run Casino, PTE, Inc., 2013 OK 77

This case concerns Peoria Tribe dram-shop liability following an automobile collision involving a Carolina Forge employee and a truck driven by a rental vehicle operator who died; plaintiffs are the Sheffers and their minor child who sued multiple defendants, including the Peoria Tribe, for dram-shop and other claims.
The trial court dismissed the Peoria Tribe sua sponte based on a federal injunction limiting state courts from adjudicating compact-based tort claims against tribes.
The court of appeals previously addressed other defendants in Sheffer v. Carolina Forge Co. and reversed summary judgments, but this opinion focuses solely on the Peoria Tribe's role.
The model tribal gaming compact provides a limited waiver of tribal immunity for tort claims only if the claim is brought in a “court of competent jurisdiction.”
Oklahoma federal district courts issued injunctions in related compact disputes, and the trial court relied on those orders in dismissing the Peoria Tribe.
The court later reexamined Dye, Griffith, and Cossey, adopting the position that Oklahoma state courts are not courts of competent jurisdiction for compact-based tort claims unless the compact is renegotiated to include state courts.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Jurisdiction under the compact for compact-based tort claims	Plaintiffs argue state courts are competent for compact-based torts.	Peoria argues state courts are not courts of competent jurisdiction under the compact.	State courts are not competent-jurisdiction courts for compact-based tort claims.
Dram-shop immunity and tribal waiver	Dram-shop claims can proceed as the compact applies to dram-shop actions.	Tribal immunity extends to dram-shop actions; no express waiver.	Peoria Tribe is immune from dram-shop liability in state court.
Effect of liquor license on waiver of immunity	License application implies waiver of immunity.	License application does not constitute an express waiver.	No express waiver; immunity remains intact.

Dye v. Choctaw Casino of Pocola, 230 P.3d 507 (Okla. 2009) (reconsidered state-court jurisdiction under model gaming compact; held state courts not competent jurisdiction (overruled in part))
Griffith v. Choctaw Casino of Pocola, 230 P.3d 488 (Okla. 2009) (held issues about competent jurisdiction under compact; later overruled by majority in this case)
Cossey v. Cherokee Nation Enters., 212 P.3d 447 (Okla. 2009) (addressed tribal-state compact jurisdiction and sovereignty issues; foundational to later reasoning)
Bittle v. Bahe, 192 P.3d 810 (Okla. 2008) (held tribal immunity not waived by merely applying for a liquor license; distinguished later rulings)
Seneca Telephone Co. v. Miami Tribe of Oklahoma, 253 P.3d 53 (Okla. 2011) (held immunity not waived; discussed tribal immunity in negligence claims)
Dilliner v. Seneca-Cayuga Tribe of Oklahoma, 258 P.3d 516 (Okla. 2011) (upheld tribal immunity; emphasized express, unequivocal waiver required)