6.10.390 Covered claims, limits, and exclusions.
(A) Covered Claims. This article creates both procedures and substantive rights or causes of action for redress of damage for claims of bodily injury, personal injury, or property damage arising out of, connected with, or relating to the operation of the gaming operation, gaming facility, or gaming activities by the Tribe’s employees and authorized agents. This includes injuries resulting from entry onto the Tribe’s land for purposes of patronizing the gaming facility or providing goods or services to the gaming facility.
(B) Limits. No rule of law imposing absolute or strict liability shall be applied in any claim for injuries under this article. No award or other judgment imposing punitive damages or attorney’s fees shall be applied in any claim for injuries under this article. The Tribe shall not be liable for interest prior to judgment. In no event shall the Tribe be held liable for damages in excess of ten million dollars ($10,000,000), and then only to the extent that such damages are covered by insurance required under the terms of the Tribe’s Compact.
(C) Noncovered Claims. Claims not covered by this article include, but are not limited to, the following:
(1) Notwithstanding the foregoing, nothing in this article creates any substantive right to relief or consents to the maintenance against the Tribe of any claim based upon any act or omission on or near any property owned by the Tribe of persons who are not employees or authorized agents of the Tribe.
(2) This article does not provide any remedy or forum for alleged injuries arising from an act or omission related to any permit, license, certificate, approval, order, or similar authorization.
(3) This article does not provide any remedy or forum for alleged injuries arising from Tribal Council members’ actions taken during the course of and within the scope of their duties as members of the Tribal Council.
(4) This article does not provide any remedy for alleged injuries resulting from any act or omission of an employee or authorized agent that was the result of the good faith exercise of the discretion vested in him or her, or a result of the good faith execution or enforcement of any Tribal, federal, or California ordinance, resolution, law, or rule.
(5) This article does not provide any remedy or forum for alleged damages or injuries arising from actual or prospective contractual relationships between the Tribe and other parties.
(6) This article does not provide any remedy for any claims relating to workers’ compensation, unemployment compensation, or claims or actions relating to employment decisions.
(7) This article does not provide any remedy or forum for alleged employment discrimination arising from or related to an employee’s work.
(8) This article does not apply to any Tribal official with respect to a claim arising out of the assessment or collection of any tax, or the detention of any goods or merchandise.
(9) This article does not provide any remedy or forum for claims against the Tribe for equitable indemnity or contribution arising from third-party litigation. [Res. 18-R-038 § 5, 4/10/2018.]