On October 6, 2010, the U.S. Supreme Court declined to review the New Mexico Court of Appeals decision in Hoffman v. Sandia Resort & Casino. The case involves a New Mexico man who reportedly won $1.6 million dollars at one of the casino’s slot machines. However, the Sandia Pueblo tribe, which owns the casino, informed Hoffman that the payout would not be made because the slot machine had malfunctioned. Arguing before courts in New Mexico, the tribe claimed Hoffman had no legal recourse because of the tribe’s sovereign immunity. Courts in New Mexico supported the tribe’s position and concluded that tribal immunity can only be waived “for purposes of providing a remedy to casino patrons who suffer physical injury to their persons or property.” These decisions seem to suggest that there is no legal remedy for casino patrons who have suffered financial injury because of wrongdoing at tribal casinos.
Please read the opinion of the New Mexico Court of Appeals below.