Trademark Infringement Complaint against Viejas Band

Here — the case is captioned San Pasqual Casino Development Group Inc. v. Viejas Band of Kumeyaay Indians:

Trademark Infringement Complaint

Toward Intertribal Revenue Sharing

Indian gaming is heading for bad news, if it isn’t already there. Indian tribes defending their share of big gaming markets are paying off states, lobbyists (and the federal Reps and Senators linked to them), and big time lawyers (hopefully someone who went to PLSI, so at least they have some soul), sometimes to the tune of millions of dollars.

It kinda works one of two ways, although they overlap. The first way, the oldest way, is political — Tribe A pays hundreds of thousands of dollars to a lawyer for advice. Big time lawyer says spend hundreds of thousands on campaign contributions to whomever in D.C. is in power, and perhaps the state elected officials, too, if gaming compacts negotiations are needed, to keep Tribe B from getting into Tribe A’s market. Meanwhile, Tribe B is paying another big time lawyer for advice on how to get into Tribe A’s market (of course, they don’t agree it’s Tribe A’s market; to them, it’s Tribe B’s market). Tribe B’s lawyers recommending spending hundreds of thousands more on the same political entities. Tribe A and B pay tons of dough really for nothing, since the political entities are getting a windfall.

Option two isn’t much better (and must less used so far), with the bigger gaming tribe using the gaming compacting process to pay more money to the state to protect a gaming share. The smaller gaming tribes who want into the bigger gaming tribes wheelhouse will naturally agreed to pay even more to the state. State gets more and more.

Option three is litigation, losers all around.

Why not negotiate among tribes first? Who says political entities in the federal government and states are good at gatekeeping or keeping their word? If Tribe A wants Tribe B out, why don’t they approach each other and at least ask what’s it is worth to keep the status quo? Why should politicians and states ever get anything from an Indian tribe?

Yeah, some tribes need gaming compacts. This might not help them, though after Rincon, states can’t just ask for revenue sharing in exchange for a compact.

Intertribal revenue sharing has to be the future, or else all the intertribal conflict will destroy most of the good things about Indian gaming.

Seventh Circuit Affirms Wells Fargo v. Lake of the Woods; Remands to Allow Wells Fargo to Amend Complaint for Other Relief

Here is today’s opinion. An excerpt:

We conclude that the Indenture constitutes a management contract under IGRA and that, as a condition of its validity, it should have been submitted to the Chairman of the NIGC for approval prior to its implementation. The parties’ failure to secure such approval renders the Indenture void in its entirety and thus invalidate s the Corporation’s waiver of sovereign immunity. The district court therefore correctly determined that it was without jurisdiction with respect to Wells Fargo’s motion for the appointment of a receiver.

We further conclude that the district court should have permitted Wells Fargo leave to file an amended complaint to the extent that it presented claims for legal and equitable relief in connection with the bond transaction on its own behalf and on behalf of the bondholder. Upon the filing of such a complaint, the district court should address the issue of whether, now that the Indenture has been determined to be void, Wells Fargo has standing to litigate claims on behalf of the bondholder. The court also must determine whether the collateral documents, when read separately or together, waive the sovereign immunity of the Corporation with respect to any such claims. If such a waiver is found, the court may proceed to determine the merits of those claims.

Lower courts briefing.

Wells Fargo v. Maynahonah (Apache Tribe): Dispute over Gaming License Review

Here are the materials:

Petition for License Review [Apache Gaming Commission]

Wells Fargo Motion for TRO

Apache Business Committee Response

Apache Business Committee Motion to Dismiss

Wells Fargo Response

Apache Supplemental Brief

DCT Order on Motion for Preliminary Injunction

DCT Order on Motion to Dismiss

Michigan Communities Note “Good Deeds Done by Casinos”

Here, via Pechanga, is an excerpt:

In addition to bringing business to communities, casinos in Southwest Michigan — in particular, the Four Winds in New Buffalo — have been doing some good deeds the last few years. For example, the state tells us that the Pokagon tribe is one of just a tiny handful around the country to set up charity organizations like the Pokagon Fund, in addition to their revenue sharing programs. The Pokagon Fund has given out over nine million dollars since 2007, and one of the biggest beneficiaries has been New Buffalo Township. Treasurer Jack Rogers tells us that it’s had a strong impact on the community:

[click here to listen]

He says that there are also several services the township offers that wouldn’t be possible without the casino’s various donations. Rogers remembers when there was a recall effort against him over the casino issues, with people concerned that there’d be a spike in crime when the place came to town, but he says nothing like that ever happened.

Little River Band Response to Gov. Snyder Opposition to Muskegon Casino

Here (h/t Pechanga).

Pomo of Upper Lake Explanation Letter

And one more late-Friday-before-the-holiday-(and football game–Go Green!)-document from Interior, the explanation letter from the Secretary on neither approving nor denying the gaming Compact between the Habematolel Pomo of Upper Lake and the state. The letter is here.

Four Secretarial Gaming Decisions Made Today

This information is from a press call with Asst. Sec. Larry Echohawk and Dep. Asst. Sec. Del Laverdure. A press release with fact sheets on each determination is here.

Four Indian gaming applications decisions:

1 positive Secretarial exception determination for Enterprise Rancheria of Maidu Indians, Butte Co., California, for a facility in Yuba County, California, 36 miles from existing headquarters.

1 positive secretarial exception determination for North Fork Rancheria of Mono Indians, for a gaming facility in Madera County, CA, 36 miles from tribal land base.

1 negative decision for Pueblo of Jemez, for gaming facility in Anthony, NM, nearly 300 miles from existing reservation. The decision was based on land into trust regulations, not gaming regulations. Land into trust regs require looking into use for land and distance from Pueblo. Concern was exercising actual government power over a gaming site nearly 300 miles way. Agreements with local units of government meant that local governments would be exercising the governmental power, not the Pueblo.

1 negative decision for Guidiville Band of Pomo Indians, restored for federal recognition in 1991, for gaming facility in Richmond, CA (S.F. Bay Area), more than 100 miles from gaming site. Decision was based on regulations concerning the Rancheria’s historical and modern connections to the land.

ICT Article on Gun Lake/United States Cert Petitions in Patchak Case

Here. An excerpt:

So, the potentially huge question for Indian country revolves around the Quiet Title Act, Fletcher said. “If the immunity barrier in the QTA can be gotten around, then much trust land recently taken into trust could be challenged by virtually anyone who is strongly opposed to trust land acquisitions. What’s remarkable about this case is the standing holding. Basically, all Patchak can prove is that he very strongly opposes Indian gaming. He’s not actually injured by it at all, other than worries about the ‘rural character’ of his community, whatever that means. Wayland and its surrounding townships long have hoped for more industry and economic growth – I know, I grew up there. So it’s just one guy for all we know who doesn’t want that. He’s pretty firmly in a tiny minority,” Fletcher said.

Gun Lake presents a number of arguments in seeking the high court’s review. Because the appeals court decision is on conflict with four other appeals court decisions in similar cases it has “opened a substantial gap” in the federal government’s sovereign immunity under the QTA from litigation challenging its title to trust or restricted Indian lands, as well as federal lands generally, the lawsuit says. If the appeals court ruling is left in place, that means anyone with a gripe could create a challenge in any case in which the federal government “claims an interest” whether it is Indian lands, national parks, public lands, easements or any other lands covered by the QTA’s terms and exceptions.

Also, because the D.C. Circuit hears almost all lawsuits against the federal government, prospective plaintiffs will now be able to “forum shop” their way around the United States’ sovereign immunity in disputes challenging the federal government’s title to land or “avoid the QTA and controlling circuit law altogether by simply filing their lawsuits in the District of Columbia,” the Gun Lake petition says.

The federal government’s petition asks the high court to consider “(w)hether (the Administrative Procedures Act) waives the sovereign immunity of the United States from a suit challenging its title to lands that it holds in trust for an Indian Tribe,” and more directly seeks the high court’s review of the Carcieri ruling in asking “(w)hether a private individual who alleges injuries resulting from the operation of a gaming facility on Indian trust land has prudential standing to challenge the decision of the Secretary of the Interior to take title to that land in trust, on the ground that the decision was not authorized by the Indian Reorganization Act.”

Among the arguments presented by the federal government in seeking the high court’s review is that the Administrative Procedure Act under which Patchak filed his lawsuit against the Interior Department does not allow an end run around the Quiet Title Act’s provision that precludes any person from seeking to divest the United States of title to Indian trust lands.

 

Discovery Update in CACGEC v. Stevens

Here are the materials in this motion to compel discovery, partially granted:

CACGEC Motion for Discovery

NIGC Response

CACGEC Reply

DCT Order on Motion for Discovery