Here, in the Duke Journal of Constitutional Law & Public Policy Sidebar. Titled A Tradition of Sovereignty: Examining Tribal Sovereign Immunity in Bay Mills Indian Community v. Michigan, written by Meredith L. Jewitt.
gaming
Puyallup Prevails over IRS in Dispute over Levy Notice Seeking Per Capital Payments
Here are the materials in United States v. Puyallup Tribe of Indians (W.D. Wash.):
20 US Cross Motion for Summary J
21 Puyallup Cross Motion for Summary J
24 DCT Order Granting Tribe’s Motion
An excerpt:
The Government contends that, based on custom and practice, the per capita payments were fixed and determinable. The Government admits that “this is a matter of first impression” (Dkt. 22 at 16), and the Court declines to adopt the Government’s proposition that the rule that levies may attach to discretionary, yet customary payments. Just like there is no guarantee that a subsequent deposit will be made to a levied bank account, there is no guarantee that Turnipseed will receive another per capita payment. While the Tribe strives to provide for its members, it still makes a discretionary monthly decision whether it shall do so. Moreover, the fact that a payment is likely is the same as classifying a sale of personal property as likely. But, according to the regulations, a levy cannot attach until the individual has actually sold the item. Therefore, the Court concludes that the levies in question did not attach to Turnipseed’s per capita payments.
Federal Court Dismisses Alabama v. PCI Gaming Authority
Here are the materials in State of Alabama v. PCI Gaming Authority (M.D. Ala.):
1 PBCI Notice of Removal + Exhibits
Gaming Panel at Fed Bar 2014
Ray Halbritter, Little Fawn Boland, Jeffrey Nelson, George Skibine
City of Duluth Sues Fond du Lac Band over Proposed Trust Land Expansion at Carter Hotel Property
Here is the complaint in City of Duluth v. Fond du Lac Band of Lake Superior Chippewa Indians (D. Minn.):
Moapa Band Complaint re: Alleged Gaming Management Contract
Here is the complaint in Moapa Band of Paiute Indians v. Herbst Moapa Development LLC (D. Nev.):
D.C. Circuit Briefs in Amador County v. Dept. of Interior (Amador II) — Buena Vista Rancheria Motion to Intervene
Here:
UPDATE: oral argument audio here.
Lower court materials:
59-1 Buena Vista Rancheria Motion to Intervene
65 DCT Order Denying Motion to Intervene
Materials in related cases:
Amici Supporting Big Lagoon Rancheria’s En Banc Petition
Here:
Big Lagoon v California – 64 – US brief
Big Lagoon v California – 67-2 – NCAI USET brief
Big Lagoon v California – 68 – CILS Ltr
The en banc petition is here.
The panel materials are here.
Minnesota Supreme Court Affirms Tribal Immunity in City of Duluth v. Fond du Lad Band — UPDATED with Briefs
Here is the opinion in City of Duluth vs. Fond du Lac Band of Lake Superior Chippewa Indians. Link to oral argument video here. Briefs are not available publicly, so if anyone has them, please send along.
Here are the briefs:
08 26 13 FDL Initial Brief – FINAL
09 30 13 City of Duluth Response Brief
An excerpt:
When an Indian band enters into a contract with a city, waives its sovereign immunity, and consents to be sued only in federal district court, a state court may go no further than interpreting contractual provisions pertaining to jurisdiction to determine whether the court has jurisdiction over a dispute arising under the contract.
Our post with a link to the Minnesota Court of Appeals decision, now reversed, is here.
North Fork Rancheria Challenge to California Gaming Referendum
Here is the cross-complaint filed by the tribe in Stand Up for California! v. State of California (Madera County Superior Court):
Verified Cross Complaint – North Fork Rancheria 140227
The underlying suit appears to have dismissed on March 3, but with leave to amend:
Turtle Talk 
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