Federal Court Dismisses Slip-and-Fall Action against Wyandotte Casino in Kansas

Here are the materials in Johnson v. Wyandotte Tribe of Oklahoma (D. Kan.):

7 Wyandotte Motion to Dismiss

12 Johnson Response

15 Wyandotte Reply

19 DCT Order

An excerpt:

Plaintiff brings this personal injury action against the Wyandotte Nation for injuries she sustained when she fell down a flight of stairs at the 7th Street Casino, which is located on land held in trust by the United States for the benefit of the Wyandotte Nation. This matter comes before the Court on defendant’s Motion to Dismiss (Doc. 6). Defendant argues that the Court must dismiss plaintiff’s lawsuit because defendant, a federally recognized Indian tribe, is immune from unconsented suit and, therefore, the Court lacks subject matter jurisdiction under Fed. R. Civ. P. 12(b)(1).1 After considering the arguments made by both parties, the Court grants defendant’s Motion to Dismiss.

NIGC Orders Chukchansi Casino to Close on October 27 unless IGRA Violations Corrected

Here is the order:

Chukchansi TCO

News coverage here: “Chukchansi casino faces closure, huge federal fines for missing audits.”

Materials in Latest Round of Contempt Proceedings against Ysleta del Sur Pueblo

Here are the new materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):

423 Texas Motion for Contempt

431 Pueblo Response to Motion for Contempt

468 Pueblo Motion for Summary J

469 Texas Opposition to Motion for Summary J

470 Pueblo Reply in Support of Motion for Summary J

471 Pueblo Motion to Exclude

473 Texas Opposition to Motion to Exclude

477 Pueblo Reply in Support of motion to Exclude

483 DCT Order to Show Cause

News coverage on the show cause hearing here.

GAO Report on the Regulation of Indian Gaming

Here is “Indian Gaming: Preliminary Observations on the Regulation and Oversight of Indian Gaming.”

It’s in the news here.

State Court Challenge to Graton Rancheria Compact Fails

Here are the materials in Stop the Casino 101 Coalition v. Brown (Cal. App.):

Opinion

Stop the Casino Opening Brief

California Brief

Stop the Casino Reply Brief

NIGC Fall/Winter Internship

Deadline to apply is October 17th. Here.

The National Indian Gaming Commission’s Office of General Counsel is seeking applicants for a paid intern position for the winter/spring of 2015 in Washington, DC. The Office of General Counsel’s internship program is for students who have completed at least their first year of law school. The intern is expected to work at least 40 hours per week.

 

Brief Guest Post from Craig Dorsay on the Proposed Casino in Bremerton, WA

[In re the article posted here.] I am tribal attorney for Samish, which is mentioned prominently in the article.  The family, which is Samish, has approached the Samish Tribal Council a number of times, asking the Samish Tribe to undertake the project.  Recently the family approached the Samish Tribal Council again, now under the auspices of a California casino developer, raising the proposal again. The Samish Tribe has repeatedly declined the family’s request to pursue this project in Bremerton. Bremerton is not within or near the traditional territory of the Samish Tribe, and the land in question has never been under the governmental jurisdiction of the Samish Tribe. The nearest tribe is the Suquamish Tribe, which likely has the strongest claim to this area.  The Samish Tribe has informed the Suquamish Tribe that it is not part of this project and has no interest in being associated with it in any shape or form.

This is a difficult issue for Samish because as a tribe re-recognized under the Federal Acknowledgment Regulations, Samish has encountered great difficulty in opening its own gaming operation in its territory. Samish was opposed in re-recognition by neighboring tribes – Swinomish, Lummi, Upper Skagit and Tulalip, and those tribes continue to oppose any proposed land into trust and gaming operation by Samish.  The neighboring tribe, Swinomish, through their Chairman, Brian Cladoosby, has raised the Carcieri decision against Samish, including for gaming. While an alternative opportunity to pursue gaming farther away might be appealing, the Samish Tribe has always done the right thing and declined any offer to intrude on the territory or interests of another tribe. Craig Dorsay

California COA Holds that Governor’s Concurrence under IGRA Does Not Trigger CEQA Review

Here is the opinion in Picayune Rancheria of Chukchansi Indians v. Brown:

Chukchansi v Brown

We don’t have all the briefs, but here is what we do have:

California Brief

California DOT Brief

Madera City Brief

Madera County Brief

NP Fresno Land Acquisitions Brief

 

Friends of Amador County v. Jewell Cert Petition

Here:

FAC Cert Petition FILED

Question presented:

Whether, in an action by a third party against the Secretary of the Interior under the Administrative Procedure Act, 5 U.S.C. 551 et seq., a putative Indian tribe may invoke its sovereign immunity to prevent a court from reviewing the lawfulness of the Secretary’s decision to recognize it as a tribe.

Lower court materials here.

Stay Pending Appeal Denied in Coeur d’Alene Gaming Dispute

Here are the new materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

42-1 Motion to Stay Pending Appeal

48 Response

50 Reply

57 DCT Order

Prior posts here, here, and here.