This case involves the question of whether state courts have to comply with the tribal court exhaustion doctrine. Here is the petition — coushatta-tribe-v-meyer-and-assoc-cert-petition
Here is the lower court opinion, from the Louisiana Supreme Court.
Here it is — catskill-litigation-trust-cert-petition
This was filed in mid-January, and since the SCT denied cert in the CA9 case that the petitioners claim conflicts with this one, I bet this one has no chance of being granted.
From the Freep:
Greektown Casino can borrow the money it needs to complete its new 400-room hotel, a U.S. Bankruptcy Court judge ruled today.
Judge Walter Shapero approved $22.5 million in loans, part of a $46-million financing package that the downtown casino owners say is needed to keep its general contractor on the job.
Looks like they need $46 million more (news article).
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From Michigan City News Dispatch:
NEW BUFFALO, Mich. – The last position on the Local Revenue Sharing Board has been filled, moving it closer to being able to distribute some $5 million in Four Winds casino money to local units of government and schools.
Chikaming Township Supervisor Jeanne Dudeck has been appointed as the fifth member of the board. Representatives from eight local governments and school districts in southern Berrien County chose Dudek on a 5-to-3 vote in a meeting Wednesday at the New Buffalo Township Hall. They voted unanimously to make the fifth LRSB seat a rotating two-year position.
Courtney J.A. DaCosta has published “When ‘Turnabout’ is Not ‘Fair Play’: Tribal Immunity under the Indian Gaming Regulatory Act” in the Georgetown Law Journal. An excerpt:
This Note argues that federal courts have interpreted tribal immunity broadly under IGRA; that this approach, while doctrinally sound, produces several normatively undesirable consequences; and that Congress should stem these consequences by amending IGRA to restore the statute’s tribal-state power balance through abrogation of tribal immunity in certain cases.
From Indianz:
After a lengthy court battle, the Match-E-Be-Nash-She-Wish Band of Pottawatomi Indians, also known as the Gun Lake Tribe, finally has a place to call home.
The tribe celebrated after the Bureau of Indian Affairs placed 147 acres into trust. The land was the subject of an anti-gaming lawsuit that ended last week. “Today we rejoice knowing that all our hard work has paid off and the sacrifices of our ancestors was not made in vain,” said Chairman D.K. Sprague. “Now it’s official. Justice has been served to those who were motivated by greed and power to delay this project for nearly ten years.” The tribe plans to build a casino on the site in western Michigan. A press conference will be scheduled in the coming works to announce details.
Get the Story:
Gun Lake tribe says casino land in Wayland has been taken into trust (The Grand Rapids Press 1/30)
The Cook v. Avi Casino Enterprises cert petition has a reasonable chance of being granted. There are a bunch of factors that support the petitioners, and a bunch that don’t.
The case involves dram shop actions against tribal casinos. I’d bet the wide majority of tribal casinos waive sovereign immunity in tribal court for these kinds of actions, but the Cook case and others usually involve a claim brought in state courts, where tribes have not waived their immunity. Interestingly, other than one Oklahoma case, all of the state (and now federal) courts have found that tribal sovereign immunity precludes these actions. Our discussion of the Oklahoma case, and at least three other state cases is here.
So there is a split of authority, but it’s not between federal circuits, which decreases the chance for review somewhat. And there is a Supreme Court case, Rice v. Rehner, a preemption case that held that there is little or no tradition of tribal sovereignty in the context of alchoholic beverage transactions. The petitioners are asking the Court to expand that holding to strike down sovereign immunity in state courts.
On the other hand, the petitioners are asking for a second chance at the pot, likely because they refused to bring a claim in tribal court. In short, these petitioners, who came onto the reservation on their own accord and conducted business with an Indian tribe, want the right to make a state court claim, and want that right to trump the available tribal court venue. Moreover, the Supreme Court might not be terribly interested in another tribal sovereign immunity case, especially since the state court cases are all decided based on state law, interestingly enough. Yes, it’s true, state courts also recognize tribal sovereign immunity.
This is an important question for gaming tribes, many of which have priced and acquired insurance to cover dram shop actions on the basis that these cases would be decided in tribal courts.
Finally, there is a decent argument that the tribal-state gaming compact relationship would be undermined by a decision eliminating or reducing tribal immunity in this context. Increasing the cost for tribes of doing business hurts state revenue sharing. One hopes the states recognize that.
Judge Leon ruled from the bench in this case on Monday, denying a TRO motion from Patchak, a member of 23 is Enough and MichGO (although he challenges that last part), to stop the trust acquisition of land in Allegan County for the Gun Lake Band.
Here is the transcript: patchak-v-kempthorne-transcript
Given the judge’s hostility toward Patchak’s attorney and legal positions, occasionally labeling them frivolous, one could argue (I suppose) that a Rule 11 motion could be in order. But I highly doubt that such a motion would be treated favorably by Judge Leon, who does not appear to suffer fools gladly.
Here are the pleadings.
Turtle Talk 
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