gaming

Pechanga Disenrollment Dispute – Salinas v. Barron

Matthew L.M. Fletcher

The California Court of Appeals (4th Dist., Div. 2) decided Salinas v. Barron, another in the series of cases involving the Pechanga Band’s various membership disputes. This case involves the disenrollment of the plaintiffs in LaMere v. Superior Court, 131 Cal. App. 4th 1059 (2005).

From the opinion:

In LaMere, the plaintiffs were members of the Pechanga Band of Temecula Luiseo Mission Indians (the Band); the defendants were members of the Band’s enrollment committee. The defendants had allegedly commenced proceedings to disenroll the plaintiffs, in violation of the Band’s own laws. This court held that the trial court lacked jurisdiction of the dispute.
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Rumsey Band v. Dickstein — Remand to State Court

Matthew L.M. Fletcher

The federal district court granted the Rumsey Band’s motion to remand the claim back to state court after Howard Dickstein at al. removed the case to federal court. The ultimate claim against Dickstein et al. is that former attorneys and financial advisors engaged in self-dealing in regards to business deals involving the tribal gaming operation. This intermediate order remanding the case involved questions regarding whether Congress preempted the field with the Indian Gaming Regulatory Act.

DCT Opinion Granting Motion to Remand

Rumsey Band Motion to Remand

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Allen v. Mayhew – Section 1981 Claims Against Tribal Individuals

Matthew L.M. Fletcher1 Comment

The E.D. Cal. refused to dismiss the Section 1981 claims against tribal casino employees on the grounds of sovereign immunity in Allen v. Mayhew. The underlying claim involves the plaintiff’s termination from employment with the tribal casino.

Here are the materials:

Mayhew Motion to Dismiss

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House Judiciary Committee Hearing re: BMIC & Sault Tribe Bills — Witness List and Testimony

Matthew L.M. Fletcher

From the House Judiciary Committee website:

The Honorable Carolyn Cheeks Kilpatrick
U.S. House of Representatives
Michigan, 13th District

Chief Fred Cantu
Saginaw Chippewa Tribe of Michigan

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House Hearing on Bay Mills/Sault Tribe Off-Rez Gaming

Matthew L.M. Fletcher

From Indianz:

Not sure what it means below that Alicia Walker is chair at Sault Tribe….

The House Judiciary Committee is holding a hearing this morning on two off-reservation casino bills.

H.R. 2176 and H.R. 4115 settle land claims for the Bay Mills Indian Community and the Sault Ste. Marie Tribe of Chippewa Indians. The tribes would be able to open casinos on sites hundreds of miles away from their existing reservations. The bills have been approved by the House Natural Resources Committee. But Rep. John Conyers (D-Michigan), the chairman of the Judiciary committee, opposes the measures. The hearing takes place at 10am and will be broadcast at http://judiciary.house.gov.

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Sault Tribe Seeking Investors in Greektown

Matthew L.M. Fletcher

From Crain’s Detroit Business:

Tom Celani, owner of MotorCity Harley Davidson and MotorCity Power Sports, has dropped plans to acquire a stake in Greektown Casino L.L.C.

Under a plan announced in January, Celani was to become president of casino operations and buy a 22 percent stake in the company from the majority owner, the Sault Ste. Marie Tribe of Chippewa Indians.

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Pokagon Revenue Sharing Dispute Under Negotiation

Matthew L.M. Fletcher

From the Michigan City News-Dispatch:

ST. JOSEPH, Mich. – Negotiations between the state and the Pokagon Band of Potawatomi Indians to resolve problems blocking the distribution of casino revenue to local governments should wrap up in 60 to 90 days, a tribal official said.

The tribe, saying it was concerned over actions taken in forming the Local Revenue Sharing Board and its bylaws, withheld in escrow the first payment from electronic gambling earnings at the Four Winds Casino in New Buffalo Township. The payment was due in December.

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ICT: Saginaw Chippewa vs. the Unions

Matthew L.M. Fletcher

From ICT:

MOUNT PLEASANT, Mich. – In an effort to ward off unionization efforts under the federal National Labor Relations Act, some tribes have adopted labor laws that allow employees to organize under tribal law. The Saginaw Chippewa Indian Tribe has taken a different approach.

”The position of this tribe is that the National Labor Relations Act does not apply to Indian tribes and the National Labor Relations Board does not have jurisdiction, and, that being the case, we don’t believe we have to adopt an ordinance that allows union organizing to occur. The ordinance the tribe adopted prohibits union organizing,” said Saginaw Chippewa attorney Sean Reed.

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McIntosh County Bank v. Dorsey & Whitney — Minn. Supreme Court

Matthew L.M. Fletcher

The Minnesota Supreme Court reversed an intermediate appellate court decision finding Dorsey & Whitney liable to third party banks in a transaction involving a loan to the St. Regis Mohawk Tribe’s failed casino venture.

Here is the opinion.

Here is a video of the oral argument.

Kickapoo v. Texas Cert Petition

Matthew L.M. Fletcher1 Comment

The petition is here. This case concerns the validity of25 CFR Part 291, the procedures established by the Secretary of the Interior to act as a “Seminole fix.”

There is no serious chance the Court will grant cert in this case, unless the United States also files a petition. Even then, this is a likely case of first impression, a death knell for cert petitions.

Really, I should get out of the certiorari prediction business….