economic development

State Court Administrative Office – Court Improvement Program: Indian Child Welfare Act Forum Remarks, October 6, 2008
by Justice Michael F. Cavanagh

Indian Children and Termination of Parental Rights: Michigan Supreme Court Takes a Step in the Right Direction in In Re Lee
by Angel Sorrells, Cami Fraser, Thomas Myers, and Aaron Allen

Proceed with Prudence: Advising Clients Doing Business in Indian Country
by R. Lance Boldrey and Jason Hanselman

Indian Gaming and Tribal Self-Determination: Reconsidering the 1993 Tribal-State Gaming Compacts
by Zeke Fletcher

Indian Country Law Enforcement and Cooperative Public Safety Agreements
by Matthew L. M. Fletcher, Kathryn E. Fort, and Wenona T. Singel

And I completely missed this article in the same issue (many apologies to the authors!):

In the Law: Keeping Current with American Indian Legal Resources
by Jan Bissett and Margi Heinen

ICT Editorial by Kaighn Smith re: Tribal Work Laws

January 27, 2010Matthew L.M. Fletcher1 Comment

From ICT:

Imagine this scenario: “If you don’t sleep with me, you can kiss your job goodbye,” the male supervisor warns the female waitress at the tribe’s gaming facility. (We’ll call her Joyce.) She consistently says no. His threats continue and even escalate.

Although he threatens to make her life miserable if she tells anyone, Joyce seeks help from the Equal Employment Opportunity Commission; EEOC informs her that federal sexual harassment laws exclude tribes. She goes to tribal court. She finds she has no remedy under tribal law. Overwhelmed by her boss’ intimidation, Joyce quits her job. Unemployed and unable to afford her rent, she moves in with her brother, Bob.

A host of other laws that are silent about their application to tribes pose similar threats to tribal sovereignty.

Bob, a union organizer, is outraged. He starts talking to Joyce’s co-workers and learns that other women have experienced similar harassment. Other workers complain that management plays favorites with tribal members, giving them better jobs and shifts than non-members. Bob says that with union representation, management would be held accountable for workers’ rights.

Continue reading →

Cash Advance Oral Argument Audio File

January 27, 2010Matthew L.M. Fletcher

Here.

Briefs and materials are here.

News Coverage Update of Lac du Flambeau/Wells Fargo Debacle

January 23, 2010Matthew L.M. Fletcher

From the News of the North via Pechanga:

A Mississippi resort-casino venture has turned out to be a bad bet for the Lac du Flambeau Indian Tribe, which as a minority partner sunk an estimated $25 million on the Grand Soleil project in Natchez, only to see it headed for the auction block in three weeks.

According to a trustee’s notice of foreclosure and sale, parts of the Grand Soleil Casino Resort property, including three separate tracts, will be sold to the highest bidder on Feb. 12. at the Adams County (Miss.) courthouse. The notice was published this week in the Natchez Democrat newspaper. click here to read published notice

Two previous attempts to initiate the foreclosure process by United Mississippi Bank and other lenders and creditors were averted by deals struck last year. United Mississippi Bank designated Natchez lawyer Bruce M. Kuehnle, Jr. as its trustee in the latest foreclosure proceedings, according to the legal notice. Continue reading →

Blue Lake Rancheria Loses FUTA Tax Challenge

January 12, 2010Matthew L.M. Fletcher1 Comment

Here are the materials in Blue Lake Rancheria v. United States (N.D. Cal.):

Blue Lake Motion for Summary Judgment

USA Motion for Summary Judgment

Blue Lake DCT Order

Wells Fargo Opinion Issued

January 11, 2010Matthew L.M. Fletcher5 Comments

Here: Decision and Order

Briefs are here, and the trust indenture is here.

LDF — Wells Fargo Trust Indenture

January 11, 2010Matthew L.M. Fletcher1 Comment

Some have asked, so we’re posting the 86 page trust indenture: Trust Indenture

News Coverage of Wells Fargo — Flambeau Case

January 11, 2010Matthew L.M. Fletcher

From the Milwaukee Journal Sentinel via Pechanga:

In a ruling that could have a far-reaching impact in Indian country, a federal judge has refused to appoint a receiver for the Lac du Flambeau’s northern Wisconsin casino even though the tribe defaulted on a $50 million bond.

The action last week by U.S. District Court Judge Rudolph T. Randa throws into question whether the financially struggling tribe, which has lost millions on out-of-state casino projects, will pay the $46.6 million it still owes on bonds that were sold in 2008.

“The entire agreement is a void issue,” said tribal administrator William Beson of the 2008 bond offering, which included giving Saybrook Capital – the California company that bought the bonds – the ability to force the tribe’s casino into receivership if the tribe defaulted on the bonds.

Randa’s decision means the tribe is not on the hook for the money, said Monica Riederer, the tribe’s attorney. Riederer, however, said that does not mean the tribe will walk away from the debt.

“They will do whatever they’re legally required to do,” Riederer said. “They do feel a sense of financial responsibility.” Continue reading →

Federal Court Dismisses Effort by Wells Fargo to Take Over LDF’s Lake of the Torches EDC

January 7, 2010Matthew L.M. Fletcher3 Comments

Pretty incredible case. Wells Fargo, alleging financial improprieties by the EDC relating to an indentured trust, sought an order from the court appointing a receiver for the EDC. The EDC defended on grounds of sovereign immunity and that the trust had not been approved by the NIGC, apparently prevailing on the latter theory.

Here are the materials (the court has promised a written opinion “in due course”):

Wells Fargo Motion to Appoint Receiver

LDF Opposition to Motion to Appoint Receiver

Wells Fargo Reply re Motion to Appoint Receiver

Wells Fargo Supplemental Brief re Motion to Appoint Receiver

LDF Supplemental Response

Washburn Affidavit

Order of Dismissal LDF

Grand Traverse Resort GM Moving to Pechanga

January 6, 2010Matthew L.M. Fletcher

From the Traverse City Record-Eagle via Pechanga (of course):

ACME — The search is on for a new leader at the Grand Traverse Resort & Spa, since its president and general manager is headed to southern California.

Grant Channing led the 600-room resort owned by the Grand Traverse Band of Ottawa and Chippewa Indians for more than three years. He’ll step down Friday and will take over as vice president of hotel operations at the Pechanga Resort & Casino in Temecula, Calif., a 517-room resort and casino north of San Diego owned by the Pechanga Band of LuiseÃ±o Indians.

“Something has to challenge me for me to go, and there were some challenges there that intrigued me to go,” Channing said. “The most difficult thing, frankly, was leaving here.”