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Bordelon v. Tunica Biloxi Indian Tribe of LA

Citations: 867 So. 2d 172; 3 La.App. 3 Cir. 1223; 2004 La. App. LEXIS 458; 2004 WL 385003Docket: No. 2003-1223

Court: Louisiana Court of Appeal; March 2, 2004; Louisiana; State Appellate Court

Narrative Opinion Summary

Pamela Bordelon appeals a judgment from the workers’ compensation judge that granted an exception of subject matter jurisdiction in favor of Tunica Biloxi Indian Tribe of Louisiana, operating as Paragon Casino and Resort, ultimately dismissing her workers’ compensation claim with prejudice. Tunica Biloxi asserted immunity from the lawsuit based on its sovereign status as an Indian nation. The court reviewed relevant law and evidence and determined that the issues in this case are substantially similar to those in the prior case of Ortego v. Tunica Biloxi Indians of Louisiana. Relying on the precedent set in Ortego, the court affirmed the dismissal of Bordelon's claim. The costs of the appeal are assigned to Bordelon.

Legal Issues Addressed

Precedent and Case Law Application

Application: The court relied on the precedent established in the case of Ortego v. Tunica Biloxi Indians of Louisiana to affirm the dismissal of Bordelon's workers’ compensation claim.

Reasoning: The court reviewed relevant law and evidence and determined that the issues in this case are substantially similar to those in the prior case of Ortego v. Tunica Biloxi Indians of Louisiana.

Sovereign Immunity of Indian Tribes

Application: The court recognized the sovereign status of the Tunica Biloxi Indian Tribe, which operates Paragon Casino and Resort, and upheld its immunity from workers’ compensation claims filed against it.

Reasoning: Tunica Biloxi asserted immunity from the lawsuit based on its sovereign status as an Indian nation.

Subject Matter Jurisdiction in Workers’ Compensation Claims

Application: The workers’ compensation judge granted an exception of subject matter jurisdiction, ruling that the court lacked jurisdiction over claims against the Tunica Biloxi Indian Tribe.

Reasoning: Pamela Bordelon appeals a judgment from the workers’ compensation judge that granted an exception of subject matter jurisdiction in favor of Tunica Biloxi Indian Tribe of Louisiana, operating as Paragon Casino and Resort, ultimately dismissing her workers’ compensation claim with prejudice.