News Coverage of Michigan Gaming Compact Negotiations

Here, courtesy of one of our senior Canadian correspondents.

Here’s the State of Michigan’s map of Michigan Indian casinos in case you feel like supporting tribal economic development:

Michigan_Gaming_Control_Indian_Casinos_332774_7

Kiowa Casino Operating Authority Reinstated as Defendant After Discovery Confirms Waiver of Immunity

Here are the new materials in Swanda Brothers Inc v. Chasco Constructors Ltd LLP (W.D. Okla.):

DCT Order Denying KCOA Motion

Kiowa Casino Operations Authority MTD

Chasco Response

KCOA Reply

The court had previously dismissed Kiowa from the matter (see post here), but after discovery the parties found evidence of a waiver of immunity.

Tenth Circuit Denies Stay in United Keetoowah Trust Acquisition Appeal

Here are the materials so far in Cherokee Nation v. Jewell:

CA10 Order Denying Motion

Interior Motion for Stay

Cherokee Nation Response

Interior Reply

UKB Reply

Lower court materials here, here, and here.

H/T Pechanga.

Menominee Off-Reservation Gaming Decision

Here is the Interior press release, with a link to the decision.

The decision pdf is here:

Menominee Gaming Decision

Sixth Circuit Issues Opinion in In re Greektown Holdings Bankruptcy Adversary Proceeding

Here is the opinion in In re Greektown Holdings LLC (Papas v. Buchwald Capital Advisors, LLC):

Papas – Gatzaros Brief

Buckwald Capital Advisors Brief

Sault Tribe Brief

Papas – Gatzaros Reply Brief

An excerpt:

At issue in this appeal is a claims bar order entered in an adversary proceeding connected with the bankruptcy of Greektown Holdings, LLC. The appellants, the Papases and Gatzaroses, and two of the appellees, the Sault Ste. Marie Tribe of Chippewa Indians and the Kewadin Casinos Gaming Authority, are defendants in a fraudulent transfer action that was brought in federal bankruptcy court by Buchwald Capital Advisors, LLC. Buchwald Capital Advisors is the trustee of the Greektown Litigation Trust and an appellee in this appeal. The Sault Ste. Marie Tribe and the Kewadin Casinos Gaming Authority agreed to settle with Buchwald Capital Advisors. However, they conditioned the settlement upon the entry of an order that would bar any claims against them “arising out of or reasonably flowing from” either the fraudulent transfer proceeding or the allegedly fraudulent transfers themselves. The Papases and Gatzaroses objected to this requested order, but when they could not come up with any viable claims that would be enjoined by the bar order, the district court approved the settlement and entered the bar order. A short time later, the Papases and Gatzaroses filed a motion for reconsideration in which they detailed additional claims that they feared might be barred by the order. The district court denied their motion.

On appeal, the Papases and Gatzaroses argue that the bar order was improper and also contend that the district court abused its discretion when it denied their motion for reconsideration. The district court was clearly acting within its discretion when it denied the motion for reconsideration, so we affirm its order denying reconsideration. But the bar order itself raises several interesting questions of first impression in this Circuit. These questions concern the district court’s jurisdiction and power to enter the bar order and the proper scope of such an order. Unfortunately, these issues have not been adequately  briefed and argued by the parties and were not addressed below. We therefore remand  this case to the district court and instruct the district court to reevaluate the bar order under the guidance provided in this opinion.

KG Urban v. Patrick Update — Matter Not Moot

Here are updated materials in KG Urban v. Patrick (D. Mass.):

DCT Order Denying MTD

Motion to Dismiss

KG Urban Opposition

Reply

Amended complaint here.

Judge Frizzell Grants TRO, Stopping UKB Trust Acquisition

Here is the minute order (no opinion yet):

Minute order

Briefs are here.

News is here.

NLRB Sixth Circuit Brief in LRB v. NRLB

Here:

2013-08-12 NLRB Brief for Respondent

Opening brief and amicus briefs are here.

Briefs in Cherokee Nation TRO Request re: UKB Trust Land Acquisition

Here are the updated materials in Cherokee Nation v. Jewell (N.D. Okla.):

Cherokee Nation TRO Motion

Interior Opposition

UKB Opposition

Cherokee Nation Reply

News coverage here.

Prior post here.