NYTs on the Shakopee Mdewakanton and the Growing Threat to Indian Gaming

Here.

Yavapai-Apache Motion to Dismiss Santa Ysabel Bankruptcy Petition

Here:

Yavapai-Apache Motion to Dismiss

The petition and attachments are here.

Federal Court Dismisses Kansas’ Claims in Wyandotte Nation v. Salazar

Here are the recent materials:

DCT Order Dismissing Kansas’ Claims

Interior Supplemental Brief

Kansas Supplemental Brief

Previous materials are here and here and here and here.

Materials in Nooksack’s Dispute with Casino Lender: $39 Million in Loans at Issue

News coverage here.

Here are the federal materials in Nooksack Indian Tribe v. Outsource Services Management, LLC (W.D. Wash.):

Nooksack First Amended Complaint

Nooksack Motion for PI

OSM Response to Motion for PI

Nooksack Reply

OSM Motion to Dismiss

Here are the state appellate court briefs in Outsource Services Management v. Nooksack Business Corporation (Wash. App.):

NYTs Article on Inter-Tribal Conflicts Arising from Off-Reservation Gaming in California

Here is the article.

Interior Issues Two New Gaming Decisions

Here is the decision declining to act on the Class III compact between Graton Rancheria and the State of California:

State Graton 13 July 2012

Here is the decision opining on aspects of the compact negotiations between the Pascua Yaqui Tribe and the State of Arizona:

PascuaYaqui 6 15 12 ltr

Update in Broken Arrow Casino Litigation: Reconsideration Denied; Injunction Modified

Here are the additional materials in State of Oklahoma v. Hobia (N.D. Okla.):

Hobia Motion for Reconsideration

Oklahoma Opposition to Reconsideration Motion

Hobia Reply in Reconsideration Motion

DCT Order Denying Motion for Reconsideration

DCT Order Granting Modification of Injunction

Our prior post on this case is here.

 

Lawyers for Kialegee Tribal Town Broken Arrow Casino Developer Sue their Client

Here is the complaint in Feldman, Franden, Woodard, and Farris v. MCZ Development Corp. (N.D. Okla.):

FFWF v MCZ Development Corp Complaint

Federal Court Allows Mille Lacs Fraud Suit against Money Centers of America to Proceed

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

DCT Order on Leave to Amend Complaint

Money Centers Motion to Dismiss

Mille Lacs Motion to Amend

Maschka Declaration on Discovery Requests [referenced at end of the opinion]

Mille Lacs Amended Complaint

 

First Circuit Remands Equal Protection Challenge to Mass. Gaming Law; Remands for Trial on Merits (and Carcieri)

The opinion is here.

Excerpts:

Given this situation, the lack of clear answers on questions of both state and federal law, the shifting of the nature of the injury to KG, and the apparent attempt to allow some time for the IGRA process to work (including any Carcieri fix), we cannot say there was an abuse of discretion in the denial of preliminary injunctive relief. “An injunction is an exercise of a court’s equitable authority, to be ordered only after taking into account all of the circumstances that bear on the need for prospective relief.” Salazar v. Buono, 130 S. Ct. 1803, 1816 (2010). “Equitable relief is not granted as a matter of course, and a court should be particularly cautious when contemplating relief that implicates public interests.” Id. (citations omitted).

And:

The district court’s dismissal of the complaint is another matter. We simply cannot say that KG’s equal protection claim as to § 91 fails to state a claim on which relief may be granted, or that the issuance of equitable relief may not be appropriate at some future date.
We also affirm the dismissal with prejudice of KG’s claims as to the $5 million appropriation, the advisory committee seat, and the preemption challenge to § 91. We dismiss KG’s state-law claims without prejudice. We remand the case for further proceedings consistent with this opinion.