gaming

Coverage of Keno Settlement

Matthew L.M. Fletcher

From Crain’s Detroit Business:

LANSING — State economic-development officials are cheering the settlement of a long-running legal dispute and renewal of a key revenue stream to the state.

Gov. Jennifer Granholm, the Little River Band of Ottawa Indians and the Little Traverse Bay Bands of Odawa Indians on Friday announced the resolution of a federal lawsuit that involved the tribes’ obligation to share casino revenue with the state.

The tribes had halted payments in 2004. But under the settlement, tribal revenue-sharing will resume and the state will also receive about $26 million in previous payments that the tribes had put into escrow.

It’s good news to the Michigan Economic Development Corp., where tribal casino money pays for a variety of MEDC activities and nearly a third of MEDC employees’ salaries and benefits.

Continue reading →

Foxwoods Appeal Filed

Matthew L.M. Fletcher

Here is the appeal document.

Parks v. Tulalip — Sovereign Immunity of Tribal Casino

Matthew L.M. Fletcher1 Comment

Here are the materials in Parks v. Tulalip Resort Casino, in which the district court for the Western District of Washington dismissed a tort claim against the casino on the grounds of sovereign immunity.

Tulalip Motion to Dismiss

Parks Opposition to Motion to Dismiss

DCT Order to Show Cause

Parks Response to Order to Show Cause

DCT Order Dismissing Claim

Clash of Titans over Off-Rez Gaming in Michigan: Dingell v. Conyers!

Matthew L.M. Fletcher

From The Hill:

Rep. John Conyers Jr. (D-Mich.) is clashing with Energy and Commerce Committee Chairman John Dingell (D-Mich.) over the thorny issue of Indian gambling, setting up a standoff between two of the oldest bulls in Congress.

Conyers has stepped into an Indian gambling dispute that is dividing the Michigan delegation and the Democratic Caucus. After teaming up with Rep. Carolyn Kilpatrick (D-Mich.), who chairs the Congressional Black Caucus (CBC), the 22-term House veteran has used his position as chairman of the powerful Judiciary Committee to oppose two bills that would settle tribal land disputes and clear the way for new casinos to be built near both lawmakers’ Detroit-area districts.

Conyers argues that the bills would change the way casinos are approved by allowing Congress to get involved in land dispute claims that the U.S. Department of the Interior routinely determines. He also cites the concern that the casinos would be located more than 350 miles from the tribes’ reservations.

Continue reading →

Keno Case Settled

Matthew L.M. Fletcher

From the Traverse City Record-Eagle:

TRAVERSE CITY — A settlement in a three-year-old lawsuit between the state and two northern Michigan Indian tribes will reduce Michigan’s cut of tribal gambling money, but will shake loose millions in escrowed state revenue.

The Little Traverse Bay Bands of Odawa Indians in Petoskey and the Little River Band of Ottawa Indians in Manistee approved a settlement with the state to end a long-running dispute over the Michigan Lottery’s Club Keno game.

Continue reading →

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.
Continue reading →

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

Continue reading →

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

Continue reading →

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

Continue reading →

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.

Continue reading →