Oregon COA Affirms Governor’s Authority to Enter into Indian Gaming Compacts

Here are the materials in Dewberry v. Kitzhaber (Or. App.):

Oregon COA Opinion

Appellants Opening Brief

Respondents Joint Answer Brief

Tribal Amicus Brief

Appellants Reply Brief

An excerpt:

In summary, the Oregon legislature authorized the Governor to enter into agreements with tribes to ensure that the state does not infringe on tribal rights under federal laws, such as IGRA. The trial court correctly concluded that the Governor acted lawfully under ORS 190.110 in negotiating and entering into the tribal-state compact with the Tribes.

USET Gaming Resolution Opposing Exclusivity Agreements Infringing on Neighboring Tribes

Here.

WHEREAS,

 certain gaming Tribes, in order to eliminate competition, have sought to constrain the ability of neighboring nations to conduct Class III gaming on their lands by obtaining from the state government a promise of “geographic exclusivity” pursuant to which the state agrees to not allowany Class III gaming on all or a portion of the lands of such neighboring Indian nations; and
WHEREAS,
 such agreements blatantly infringe upon the sovereign rights of neighboring Indian nations and
abrogate a state government’s statutory obligation, under IGRA, to negotiate, in good faith, a Class III compact with any resident Indian nation that desires to conduct Class III gaming anywhere within such nation’s borders;

 

Update in Bettor Racing v. NIGC — Flandreau Intervenes and Files Counterclaim

Here are the updated materials in Bettor Racing Inc. v. National Indian Gaming Commission (D. S.D.):

9-1 Tribal Court Docs Part 1

9-2 Tribal Court Docs Part 2

35 DCT Order Allowing Intervention

36 Flandreau Answer and Counterclaim

Complaint was posted here.

Minnesota SCT Oral Argument Video in City of Duluth v. Fond du Lac Band Ojibwe

Here.

News coverage here.

Lower court materials here.

Two Important ICT Commentaries on Michigan v. Bay Mills

The first commentary is from Native Nations Institute commentators Ryan Seelau and Dr. Ian Record:

Will the Supreme Court Use Bay Mills Case to Blow Up Tribal Sovereignty?

Read more at http://indiancountrytodaymedianetwork.com/2013/11/05/sovereign-immunity-and-bay-mills-case-how-tribes-can-prepare

 

The second commentary is from Gabriel Galanda and Ryan Dreveskracht of Galanda Broadman:

The Bay Mills Buck Stops With NIGC

Read more at http://indiancountrytodaymedianetwork.com/2013/11/06/bay-mills-buck-stops-nigc

Supreme Court Amicus Briefs in Support of Bay Mills Indian Community

Actually, so far, we only have one….

Here:

12-515 bsac SCHOLARS OF AMERICAN INDIAN LAW

12-515 bsac National Congress of American Indians

Seminole amicus

US Amicus Brief

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.