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JURISDICTION

In its constitution, the Mohegan Tribe has given exclusive jurisdiction over any dispute involving or arising out of ’Gaming’ to the Gaming Disputes Court which consists of a Trial Court and a Court of Appeals. As used in the Mohegan Constitution, ’Gaming’ includes the development, construction, operation, promotion, financing, regulation and licensing issues, and includes jurisdiction over any associated hotel, resort or entertainment facility on Tribal lands. This jurisdiction extends to actions of the Mohegan Tribal Gaming Authority and disputes involving its employees and customers. The Court may exercise jurisdiction over any person who transacts any business on or affecting the Mohegan Reservation.

Although many of the cases brought in the Gaming Disputes Court involve claims against the Mohegan Tribal Gaming Authority or other Mohegan Tribal entities, the Gaming Disputes Court has jurisdiction over claims against non-tribal entities that arise out of activities related to Gaming.

LAW APPLIED BY THE GAMING DISPUTES COURT

The law applied by the Gaming Disputes Court is the law of the Mohegan Tribe, which consists of The Mohegan Tribal Code, Mohegan Tribal Ordinances and Resolutions, and the statutory and common law of the State of Connecticut, but only to the extent that they do not conflict with Mohegan Tribal law. The Gaming Disputes Court has the authority to develop, through its decisions, the common law of the Mohegan Tribe.

The most commonly heard cases involve disputes arising under the Mohegan Torts Code, the Mohegan Discriminatory Employment Practices Code, the Mohegan Tribal Employment Rights Code, the Mohegan Tribe Debt Collection Code, and the Code Concerning Appeals from Final Agency Decisions, including appeals concerning gaming and non-gaming licenses. The Court also has the authority to determine cases brought under State law against non-Tribal entities who are subject to the Court’s jurisdiction.










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