Nebraska v. Dept. of Interior — NIGC Reversed on Ponca Lands

Here is the opinion, courtesy of Indianz.

And here are the briefs.

Fortunet v. Arizona Gametech Corp. — Class II Pull-Tabs Determination

This case has some discussion of Class II gaming/pull tabs in the context of an alleged Lanham Act violation.

fortunet-v-gametech-arizona-corp

Alabama v. United States Materials

The Southern District of Alabama dismissed Alabama’s challenge to the Department of Interior’s Class III procedures, on grounds of ripeness.

Here is the opinion, courtesy of Indianz.

us-motion-to-dismiss

poarch-creek-motion-to-dismiss

alabama-response-brief

us-reply-brief

poarch-creek-reply-brief

alabama-supplemental-brief

us-supplemental-brief

poarch-band-supplemental-brief

Boomer v. Tulalip Tribes — Tribal Sovereign Immunity

In Boomer v. Tulalip Tribes, the Washington Court of Appeals affirmed the dismissal of a slip-and-fall tort action against a tribe on the grounds of sovereign immunity. The court rejected the so-called Dry Creek Lodge exception, as well. The Tulalip Tort Claims Act waives tribal immunity for such claims in tribal court.

Harrah’s v. NGV Gaming Cert Petition

The questions presented are:

1. Does the Dictionary Act’s rule that words used in the present tense also include the future tense, unless the context indicates otherwise, only apply if the statutory text at issue is ambiguous?

2. Does the term. “Indian lands” as used in 25 U.S.C. §§ 81 and 2701-2721 include both land that “is held by the United States in trust for an Indian tribe” and land that “will be held in trust by the United States for an Indian tribe”?

Here is the brief — harrahs-v-ngv-gaming-cert-petn

And here is the lower court opinion — guidiville-band-v-ngv-gaming

Detroit Auto Bailout & Indian Gaming Proposals: A Link?

Congress effectively killed the various proposals brought by the State of Michigan, the Bay Mills Indian Community, and the Sault Ste. Marie Tribe of Chippewa Indians to ratify off-reservation gaming agreements between the three and variously the Cities of Romulus, Flint, and Port Huron. But now that the Detroit auto makers are in the very ugly throes of near-bankruptcy, and with Congress seemingly ready to let the Big Three die, maybe the off-reservation gaming proposals will have new legs in the 111th Congress?

Several questions need answering. First, how will the Obama Administration view Indian gaming, especially off-reservation? I wonder, given that the Administration doesn’t have much to gain politically by supporting tribal gaming, but might have much to lose. Tribes need to make the Obama Administration realize the benefits of off-reservation. Second, how will off-reservation gaming in southeastern Michigan help local economies? Again, tribes need to make a strong case, and it may be the same case made to answer the first question.

Romulus Casino Talk

From Indianz:

Officials in Romulus, Michigan, are still interested in hosting off-reservation casinos even after Congress killed a bill to authorize two tribal facilities.

Officials plan to meet with the Sault Ste. Marie Tribe of Chippewa Indians to discuss reviving the casino. A deal with the Hannahville Indian Community could be in the works too. With Congress looking at ways to bail out the auto industry in Michigan and considering economic packages, officials say now is a good time to think about the casinos again.

Get the Story:
Romulus casinos are still a possibility (The Journal Newspapers 11/20)

Suit over LTBB Revenue Sharing Payments

From Indianz:

A lawsuit over the distribution of gaming revenues from the Little Traverse Bay Bands of Odawa Indians will continue but the parties reached an agreement over payments for this year.

The tribe shares 2 percent of electronic gaming revenues from the Odawa Casino Resort with local communities. The Emmet County Local Revenue Sharing Board decides how to distribute the funds. Three educational institutions are suing the board over the distribution formula, saying they are entitled to a larger share. The tribe is not a party in the lawsuit.

Get the Story:
Agreement reached to delay casino revenue-sharing payments (The Petoskey News-Review 11/19)

Mudarri v. State of Washington — Challenge to Puyallup Gaming Compact

In this case, the Washington Court of Appeals, Division II, rejected various state constitutional challenges to the Washington tribal gaming compacts by an individual who wanted to operate his own gambling enterprise outside of the tribal compacting structure. As you can imagine, Rule 19 (the Washington version) was dispositive.

Here is the opinion.

Greektown Casino Bankrupty Materials — Motion to Extend Time

Here is a selection of materials on the Greektown Holdings LLC’s motion to extend its planning period for finalize bankruptcy for 90 days. Other materials are here.

greektown-motion-to-extend-planning-period

michigan-gaming-control-board-objection

greektown-reply-brief