GableGotwals Wins Summary Judgment for its Client in a Multi-million Dollar Lawsuit Brought by the Peoria Tribe of Indians

December 11, 2024 | On December 9, 2024, the Oklahoma Supreme Court, by unanimous vote of all justices participating, confirmed GableGotwals’ summary judgment victory obtained for its client David Qualls in a multi-million dollar lawsuit brought against him by the Peoria Tribe of Indians.

A company owned in part by Mr. Qualls managed the Tribe’s casino. When external forces caused a decline in casino cash flow, an external CPA and lawyer, according to the Tribe, devised and implemented a casino accounting change that resulted in five million in additional cash flow to the Tribe and increased the company’s management fee by a substantially lesser amount.

The Tribe sued Mr. Qualls in an Oklahoma State District Court in Shawnee, alleging that through the accounting change, Mr. Qualls embezzled, committed fraud, breached fiduciary duties, was liable for four other related claims, and owed the Tribe a $2 million fine previously imposed by the Tribe’s gaming commission. After all the discovery was completed and two oral arguments held, the District Court found that the fine was unconstitutional and that all of the Tribe’s claims failed as a matter of law. Summary judgment was awarded to Mr. Qualls.

The Tribe appealed. The Oklahoma Court of Civil Appeals rejected all of the Tribe’s arguments and unanimously affirmed the summary judgment against the Tribe. The Tribe then filed a petition for certiorari seeking discretionary review by the Oklahoma Supreme Court. The Supreme Court denied the petition, thereby making the judgment in favor of the Firm’s client final.

GableGotwals’ Co-Chair of its Native American Law practice, shareholder Dean Luthey, represented Mr. Qualls throughout the litigation.

District Court judgment opinion

Court of Civil Appeals opinion

About GableGotwals’ Native American and Gaming Practice

GableGotwals’ attorneys have successfully represented Native American tribes, their leaders, vendors, and commercial organizations in federal, state, and tribal courts as well as before administrative agencies, and have successfully argued on behalf of Indian rights before the United States Supreme Court.

GableGotwals’ Native American practice is ranked Band 1 by Chambers & Partners stating the team is known as a “well-established Oklahoma firm with expertise in all areas of legal disputes, representing Indian tribes, vendors, their leaders and organizations in federal, state and tribal courts.” Lead attorney Dean Luthey has been recognized by his peers as a premier attorney in Oklahoma in Native American Law, with honors including: Best Lawyers in America as Tulsa’s Best Lawyer in Indian Law, a Chambers USA selection as a Band I attorney (Native American Law), and Super Lawyers designation as a Top Rated Lawyer in the area of Native American Law. For over a decade, Dean served as general counsel of the Oklahoma Indian Gaming Association.

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