This is the suit challenging the Ponca Tribe’s casino in Iowa. The US had filed a motion to dismiss on standing grounds, and other grounds.
gaming
Copyright Infringement and RICO Case against Cheyenne-Arapaho Tribes
The Western District of Oklahoma refused to dismiss a claim against the Cheyenne-Arapaho Tribes. The plaintiff, Southwest Hotel and Casino Corp., sought to voluntarily dismiss the claim without prejudice after C&A received a positive tribal court judgment and moved for summary judgment in the federal court action. Instead, the court will decide the C&A summary judgment motion.
flyingman-v-sw-hotel-and-casino-tribal-court-judgment
MichGO v. Kempthorne Cert Petition
Here is is: michgo-cert-pet-10-23-08
The questions presented are two-fold. First, the petitioners raise the nondelegation doctrine argument that caused Judge Rogers Brown in the D.C. Circuit to dissent below. And second, the petitioners make the same argument about recently recognized tribes that the Supreme Court will decide in Carcieri v. Kempthorne.
See our earlier posts here and here and here and here and a link to an Indian Country Today article about MichGO.
The interesting question here will be whether the government will file a response at all, given that there’s no circuit split (by MichGO’s admission), that the SCT already denied cert on the first issue in the Carcieri litigation, and that the second issue will be decided by Carcieri.
CECGAC v. Hogen — Motion for Contempt Filed
CECGAC wants the National Indian Gaming Commission chairman held in contempt for not acting to shut down the Seneca casino in Buffalo (h/t Indianz).
Here is the motion: cegcac-contempt-motion
Here is the August order requiring the Chairman to take enforcement action: dct-august-order
And here are links to all the materials (here and here and here)
Catskill Development v. Park Place Entertainment — Gaming Development Dispute
The Second Circuit affirmed the dismissal of tortious interference with contract claims relating to a failed casino venture with the St. Regis Mohawk Tribe.
catskill-development-v-park-place-ca2-opinion
A related $3 Billion tribal court judgment is pending (materials here).
Pokagon Band Amended Compact Materials
Here are the amendment “highlights“:
Pokagon Band Settles Revenue Sharing Dispute & Amends Gaming Compact
From the Business Review Western Michigan:
Amendments to the Pokagon Band of Potawatomi Indians’s gaming compact will give the state an immediate $15 million and give the tribe the right to open limited satellite casinos in Hartford and Dowagiac, Gov. Jennifer Granholm’s office announced today.
The amended compact resolves issues between the state of Michigan and the tribe that led to the Pokagon Band’s withholding revenue-sharing payments to the state for most of the 14 months its Four Winds Casino in New Buffalo Township has been open.
The band contended the state’s Club Keno game eliminated the tribe’s exclusive rights to operate electronic games of chance. The exclusivity provision was deleted from the amended compact. As a result of this change, the band immediately will make an initial annual payment of more than $15 million to the state.
Similar disputes between the Little River Band of Ottawa Indians and the Little Traverse Bay Bands of Odawa Indians were resolved earlier this year. Amendments to compacts do not require approval of the state legislature.
The amendments to the 1998 compact extend the life of the compact from 2018 to 2028, to ensure a full 20 years, as the original compact intended, according to the joint announcement. A series of lawsuits delayed the casino’s opening to August 2008.
NYTs on the Wind River Casino
From the NYTs:
Last week I was in Wyoming, driving westward on the southern edge of a big winter storm. For dozens of miles, sheets of snow arced across the still-dry pavement. After a long while, I made out the welcome lights of Shoshoni. When you find yourself longing for the lights of Shoshoni — the glow of a gas station — you know the driving has been hard.
I joined a convoy of vehicles coming out of Riverton and up the hill past the Wind River Casino, which was shrouded in a nimbus of snow. We slithered along at school-zone speeds, barely 20 miles an hour. Across the highway, the drivers of two pickups climbed into the ditch to check on a car whose headlights were now pointing up at the overcast, snow corkscrewing down into the angled beams. At last, I came down the hill into Lander, where two feet of heavy autumn snow would fall in the next 36 hours.
Economic Crisis and Impact on Michigan Indian Casinos
From TV:
ARENAC COUNTY (WJRT) — (10/15/08)–Wednesday brought more trouble on Wall Street as the Dow closed down more than 700 points.
Economic disappointments like this not only have investors worried, but also have people all over the nation cutting expenses.
That includes entertainment. Casinos in Las Vegas and Atlantic City are reporting big drops in revenue. But how are Mid-Michigan’s casino’s doing?
The Saganing Eagles Landing Casino near Standish was packed today and that has pretty much been the pattern ever since it opened on New Year’s Day.
A Hidden Cost of Tribal Per Capita Payments?
Standards and Poor’s lowered the credit rating of the Mashantucket Pequot Nation (H/T Indianz), making this statement:
The ‘BB-‘ rating reflects the Tribe’s high debt leverage, limited geographic diversity, and significant historical and expected distributions to Tribal members. These factors are partially tempered by the favorable demographics of the Connecticut market and limited new competition expected over the next two to three years.
Here are the factors that contribute to the higher cost of tribal credit: (1) high debt; (2) limited geographic diversity; and (3) high per caps. The first two can’t really be helped, but the per caps can be limited. Indian tribes should seriously consider limited or eliminating per caps. At least until the economy comes back.
Turtle Talk 
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