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Wednesday, May 20, 2026

PROCEDURE—4th Cir.: Tribal entity was not necessary party to fired casino dealer’s lawsuit (Mar 13, 2026) - VitalLaw.com

The Eastern Board of Cherokee Indians owns the casino.

A fired table games dealer at Harrah’s Cherokee Casino Resort in North Carolina may resume his FMLA and USERRA employment discrimination and retaliation claims against Harrah’s NC Casino Company, LLC, and Caesars Entertainment, Inc., the Fourth Circuit found, holding that a third entity that is wholly owned and operated by the Eastern Band of Cherokee Indians is not a necessary and indispensable party to the litigation. Because the tribal entity enjoys sovereign immunity, a federal district court concluded that it could not be joined as a necessary party and dismissed the case on that basis. Reversing, the appeals court observed that both the FMLA and USERRA allow for the possibility of joint employers, and the finding that the entity was the dealer’s employer did not necessarily mean that it hired, fired, or controlled him or established any policies relevant to his claims (Peterson v. Harrah’s NC Casino Company, LLC, No. 23-2316 (4th. Cir. Mar. 12, 2026)).

Veteran and table games dealer. The plaintiff, according to the court, is an Army veteran suffering from post-traumatic stress disorder (PTSD) and major depressive disorder. In 2016, he began working as a table games dealer at Harrah’s Cherokee Casino Resort.

Casino owned by tribe. The casino is owned by the Eastern Band of Cherokee Indians, a federally recognized Native American tribe. The tribe, through a wholly owned and operated entity called Tribal Casino...



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