gaming

NPR on Mashantucket Pequot Labor Deal

Matthew L.M. Fletcher

From NPR:

American Indian casinos are big business in the United States, with an estimated 280,000 people employed across more than 400 sites.

That huge workforce is largely unorganized. Only a few such casinos recognize union contracts. Among them is North America’s largest gaming center, Foxwoods Resort Casino in Connecticut.

Its dealers recently struck a deal after a lengthy dispute with the Mashantucket Pequot Tribe. What makes this agreement different is that it was brokered under tribal law.

Unionizing Casinos

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Michigan Senate Efforts to Allow Indian Gaming Revenue Sharing to Benefit Schools

Matthew L.M. Fletcher

News article here (with an assist from A.K.):

School districts could use money received through agreements with tribal-run casinos to fund college scholarship programs through legislation approved by the Michigan Senate.

The bill approved by unanimous vote Thursday now goes to the House.

Michigan has more than 20 casinos run by American Indian tribes. The tribes have agreements with the state that typically provides 2 percent of certain gaming revenue to local governments, including schools.

The bill passed Thursday would allow school districts covered by those agreements to use their proceeds for scholarships for their graduates.

The legislation sponsored by Republican Sen. Ron Jelinek of Three Oaks was sparked by a plan from New Buffalo schools to fund a scholarship program.

Stewart v. Coffey — Tribal Gaming Employment Claims Dismissed

Matthew L.M. Fletcher

Here is the unpublished opinion by the Tenth Circuit, rejecting wrongful discharge claims under federal statutes and under Bivens, and affirming tribal immunity.

Here is the tribal brief: Comanche Brief.

California Appellate Court Holds that State May Tax Per Caps of Indians Living on Other Reservations

Matthew L.M. Fletcher1 Comment

The case is Mike v. Franchise Tax Board (Cal. App. 4th Dist.) (opinion here).

Here are the briefs:

Mike Opening Brief

FTB Brief

MIke Reply Brief

Materials in a related case involving the 29 Palms Band are here.

An excerpt from the opinion:

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Wilton Miwok Settlement Threatened by Possible Statute of Limitations Problem

Matthew L.M. Fletcher

The case is Wilton Miwok Rancheria v. Salazar, and involves an agreement to take land into trust for the tribe (both the Me-Wuks and the Miwoks) for gaming purposes. After the settlement was entered and approved by the court, intervenors (Sacramento County and City of Elk Grove) argued that the suit came too late under 28 U.S.C. 2401(a).

A few years back in John R. Sand and Gravel, the Supreme Court said that the statute of limitations under section 2402 (allowing claims against the US in the court of federal claims) was jurisdictional and could not be waived. Two circuits have held that section 2401 is also jurisdictional. Perhaps the Quiet Title Act also is jurisdictional (section 2409).

In this case, the court followed Ninth Circuit precedent decided before John R. and held that section 2401 is not jurisdictional, but specially allowed for an interlocutory appeal to the Ninth Circuit for review, and stayed the judgment.

Here are the materials:

Wilton Miwok DCT Order on Motion to Vacate

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Seneca Gaming Corp. v. Merrill Lynch Materials

Matthew L.M. Fletcher1 Comment

Here are the materials in this pending case (news article here via Pechanga):

Seneca Gaming Corp Complaint

Merrill Lynch Motion to Dismiss

Seneca Opposition to Motion to Dismiss

Eastern Band Cherokee Member Challenges Federal Garnishment of Gaming Per Caps

Matthew L.M. Fletcher

This is an interesting case to watch, United States v. Lambert, in the Fourth Circuit. Here is the opening brief:

Lambert Appellant Brief

UPDATE: CA4 Opinion

Here is a similar case involving the Eastern Band’s efforts to raise sovereign immunity (materials here). The Lambert case is the direct challenge to the garnishment by a convict.

Federal Court Dismisses Tort Claim against Harrah’s under Tribal Court Exhaustion Doctrine

Matthew L.M. Fletcher

Here are the materials for this case, Jaramillo v. Harrah’s (Rincon Casino & Resort):

Harrah’s Motion to Dismiss

Jaramillo DCT Order

Federal Court Orders Bois Forte Band Casino to Comply with NLRB Subpoena

Matthew L.M. Fletcher

Here are the materials so far in NLRB v. Fortune Bay Resort Casino (D. Minn.):

NLRB Motion for Subpoena Duces Tecum

Bois Forte Band Response to Motion for Subpoena

NLRB Reply in Support of Motion

Fortune Bay Magistrate Report

Bois Forte Band Objection to Magistrate Report

NLRB Response to Objection

Fortune Bay DCT Order Granting Subpoena Duces Tecum Motion

Calif. Appellate Court Reinstates Municipal Services Agreement with Scotts Valley Band

Matthew L.M. Fletcher

The case is Parchester Village Neighborhood Council v. City of Richmond, and here is the opinion.

An excerpt:

Defendants the City of Richmond and the City Council of the City of Richmond (City) appeal the judgment granting a peremptory writ of mandate invalidating a municipal services agreement (MSA) entered into by the City and the Scotts Valley Band of Pomo Indians of California (Tribe). The trial court concluded the City violated the California Environmental Quality Act (Pub. Resources Code, § 21000 et seq.) (CEQA) when it approved the MSA. We reverse.