Jeffrey Nelson Opinion Piece on TIGA

Here (subscription required but you can sign on for free trial):

Indian law attorney Jeffrey Nelson looks at the new Tribal Internet Gaming Alliance and its impact on the tribal gaming landscape

Federal Court Remands Towns’ Challenge to New York State & Counties’ Settlement with Oneida Indian Nation to State Court

Here are the materials in Town of Verona v. Cuomo (N.D. N.Y.):

1-1 State Court Complaint

8-1 Motion to Dismiss

12-1 Opposition & Motion to Remand

16 Reply in Support of Motion to Dismiss

17 DCT Order Remanding to State Court

News coverage here.

The settlement is here.

Tribal Internet Gaming Alliance Formed

Materials here:

LDF-TIGA Media Release

TIGA Fact Sheet 2013-10-21

TIGA Treaty (Final) 2013-7-25

Press release text here:

Tribal Internet Gaming Alliance forming 25 Years After IGRA
 

Twenty-five years to the day after Congress enacted the Indian Gaming Regulatory Act, the Lac du Flambeau Band of Lake Superior Chippewa began a new era of Indian gaming.  On October 17, 2013, the Tribe’s governing body voted unanimously to ratify an inter-tribal agreement to create the Tribal Internet Gaming Alliance (TIGA).  The agreement, being called an inter-tribal treaty, will organize tribes across the country to both offer and regulate internet and mobile phone gaming.  Until laws change, TIGA will accept real-money wagers only from people who are physically present in the member tribes’ jurisdictions, such as patrons at tribal casinos and visitors to other tribal lands.  When customers are outside of tribal jurisdiction, the games will be fun-play and will offer casino promotions.  Games will be those categorized as class II under IGRA, such as slot-like bingo, traditional bingo, pull tabs, and poker.  Because the games are class II, no tribal-state compacts will have to be amended.    

 

Using this strategy, TIGA tribes will jump ahead of the online competition and get extremely valuable experience with real-money wagering before other tribes and gaming operations.  The idea for TIGA began among tribes in Wisconsin, Minnesota and Michigan.  TIGA developments are now being followed by 28 tribes in 13 states.

 

Attached you will find: 1) a TIGA Fact Sheet; 2) a media release from the Lac du Flambeau Band of Lake Superior Chippewa; and 3) a copy of the TIGA Treaty. 

 

If you have any questions or would like to have a unique quote, please contact me.  I am an Indian gaming attorney at the law firm of Kanji & Katzen, a former Senior Attorney at the National Indian Gaming Commission and a former Assistant Solicitor at the United States Department of the Interior.  You may reach me by email or at (202) 261-6528.

 
Jeffrey Nelson, Counsel
Kanji & Katzen, PLLC
1250 Connecticut Ave., NW, Suite 200
Washington, DC  20036
Office:   (202) 261-6528
Mobile: (202) 746-6149

Update in Wells Fargo v. Chukchansi — Payments Not Being Made; Referree Appointed

Here are updated materials in Wells Fargo Bank N.A. v. Chukchansi Economic Development Authority (N.Y. Sup.):

298 Affidavit in Support of Order to Show Cause

299 Exhibit A

300 Exhibit B

301 Exhibit C

302 Exhibit D

303 Exhibit E

304 Ayala Faction Response

305 Affidavit in Support of Order to Show Cause

306 Exhibit A

307 Exhibit B

308 Exhibit C

309 Exhibit D

317 Wells Fargo Letter re Interest Payment

318 Amended Order

319 Order

News coverage here.

Prior post here.

Federal Court Orders Fond du Lac Band to Pay Rent to City of Duluth for 2009-2011 as Gaming Revenue Sharing

Here are the materials in this iteration of City of Duluth v. Fond du Lac Band of Lake Superior Chippewa (D. Minn.):

258 City of Duluth Motion for Stay

262 Fond du Lac Rule 60 Motion

266 Fond du Lac Response to Motion for Stay

269 City Response to Rule 60 Motion

270 Reply in Support of Rule 60 Motion

273 DCT Order

News coverage here.

This case is on remand from the Eighth Circuit; materials here.

The City has a pending matter against the NIGC here.

IPR on LRB v. NLRB

Here.

Oral argument was today. We’ll post the oral argument audio when it becomes available.

Little River Band Ottawa Signs Two More Collective Bargaining Agreements with Unions

For Immediate Release

(October 6, 2013) Manistee, MI ​

COLLECTIVE BARGAINING AGREEMENTS
COMPLETED UNDER TRIBAL LAW

Deepening a five year relationship under the labor law of the Little River Band of Ottawa Indians, the United Steelworkers Union and the Manistee, Michigan-based Little River Casino Resort have completed two new collective bargaining agreements. The contracts, which cover employees within the Resort’s security and slot tech departments, were ratified late last week by the USW.

“As far as we are aware, no other Indian tribe in the country has as many collective bargaining agreements entered into pursuant to tribal law,” said Wendell Long, the General Manager for the Resort, and a member of the Choctaw Nation of Oklahoma. “This exemplifies tribal sovereignty at work,” said Virgil Johnson, the elected Speaker of the Band’s Tribal Council, which is responsible for enacting the Band’s laws. “We are very proud of our success,” he said.

In 2007, the Band enacted its Labor Organizations and Collective Bargaining Law to cover employees within its public sector operations, including the Little River Casino Resort. The Band conducts gaming as a substitute for a tax base to generate revenue to support governmental services it provides to its members under the Indian Gaming Regulatory Act. The Band’s gaming revenues from the Resort provide the bulk of funds for its health programs, police department, and court system, as well as many other governmental programs.

The Band’s labor law establishes a structure for union elections, bargaining rules, and the resolution of unfair labor practice charges. “We found much to learn from the way state governments regulate collective bargaining,” said Speaker Johnson, “but in the end, this law reflects the unique values of our Ottawa community.”

The Resort and the USW have engaged in bargaining unit elections and collective bargaining over employment terms and conditions affecting more than 100 employees at the Resort. The first agreement was signed in December, 2010 and two others followed by October of 2012. According to Bill Laney, USW Staff Representative: “The USW and the Resort have developed a good working relationship and the successful outcome of these negotiations is proof that the Tribe’s collective bargaining law is now working. It gives employees a voice in determining their wages, hours and working conditions and the ratification of these two contracts shows that unit members are satisfied with the results.”

Ogema Larry Romanelli, the Band’s executive branch leader, has monitored management-union relations at the Band. “A lot of hard work and long hours have gone into the negotiation of these collective bargaining agreements,” he said. “They reflect the good faith of union and management, alike.”

Oral argument is scheduled before the United States Court of Appeals for the Sixth Circuit on Tuesday, October 8th in a case in which the National Labor Relations Board has challenged the authority of the Band to apply its labor law at the Resort.

For information on the Little River Band’s labor and employment laws, contact the Office of Public Affairs for the Little River Band of Ottawa Indians at 2608 Government Center Drive, Manistee, MI 49660. Office phone 231.723.8288. E-mail to gzaring@lrboi.com

Mille Lacs Band Wins $5.6M Judgment against Money Centers of America

Here are the materials in Corporate Commission of the Mille Lacs Band of Ojibwe Indians v. Money Centers of America (D. Minn.):

141 MCA Motion to Dismiss

155 Baena Advisors Motion to Dismiss

160 Real Estate Empowered Motion to Dismiss

169 Mille Lacs Motion for Summary J

170 Mille Lacs Exhibits

172 MCA Motion for Summary J

180 Mille Lacs Opposition to 160

181 Mille Lacs Opposition to MCA Motions

182 MCA Opposition to Mille Lacs Motion

184 Mille Lacs Reply

185 MCA Reply in Support of Motion to Dismiss

186 MCA Reply in Support of Motion for Summary J

187 Reply in Support of 160

199 Melanie Banjamin Motion to Quash

205 MCA Opposition to Motion to Quash

211 MJ Order Granting Motion to Quash

240 DCT Order re Motion to Dismiss

239 DCT Order re Summary J

241 MJ Order re Motion to Compel

Prior materials here.

Federal Court Rules in Favor of Pueblo of Santa Ana in Challenge to Alleged Waiver of State Court Immunity in Gaming Compact

Here are the materials in Pueblo of Santa Ana v. Nash (D. N.M.):

52 — Pueblo Motion for Summary J

55 — Judge Nash Response

63 — Pueblo Reply to Judge Nash

65 — Mendoza Response

69 — Pueblo Reply to Mendoza

90 — DCT Order

91 — Judgment

An excerpt:

Specifically, the Court hereby enters a declaration that the Indian Gaming Regulatory Act, 25 U.S.C. § 2701, et seq. (“IGRA”) does not authorize an allocation of jurisdiction from tribal court to state court over a personal injury claim arising from the allegedly negligent serving of alcohol on Indian land, and further that the New Mexico State District Court does not have jurisdiction in the case of Gina Mendoza, Michael Hart and Dominic Montoya v. Tamaya Enterprises, Inc., d/b/a Santa Ana Star Casino, CIV 2007-005711 (“underlying state court litigation”).

Prior federal court order and materials here.

Briefs Filed in Grand Ronde et al v. Jewell

Grand Ronde’s Motion for Summary Judgment
Grand Ronde Exhibit One
Clark County et al Motion for Summary Judgment

Previous coverage of the case here.