gaming

Second Circuit Rules in Favor of Seneca Nation in Gaming Dispute

Matthew L.M. Fletcher2 Comments

Here is the opinion in Citizens Against Casino Gambling in Erie County v. Chaudhuri:

CACGEC Opinion

The court’s syllabus:

The plaintiffs, organizations and individuals who oppose the operation of a casino on land owned by the Seneca Nation of Indians in Buffalo, New York, filed an action in the United States District Court for the Western District of New York against the National Indian Gaming Commission, its Chairman, the Department of the Interior, and the Secretary of the Interior, arguing that the National Indian Gaming Commission acted arbitrarily and capriciously and abused its discretion in approving an ordinance that permitted the Seneca Nation to operate a class III gaming facility in Buffalo. The district court (Skretny, J.) dismissed the action, and the plaintiffs appealed. We hold that the Seneca Nation’s lands in Buffalo are gaming‐eligible under the Indian Gaming Regulatory Act (“IGRA”), 25 U.S.C. §§ 2701–2721, as “Indian lands” under the Seneca Nation’s jurisdiction and that IGRA Section 20’s prohibition of gaming on trust lands acquired after IGRA’s enactment, 25 U.S.C. § 2719(a), does not apply. Accordingly, we AFFIRM.

Briefs here.

Lower court materials here.

Navajo Nation Sues to Stop State Court Jurisdiction over Personal Injury Lawsuits Arising at Navajo Casinos

Matthew L.M. Fletcher1 Comment

Here is the complaint in Navajo Nation v. Marsh (D. N.M.):

1 Complaint

Edit: Amended Complaint

Second Circuit Briefs in Cayuga Nation v. Tanner

Matthew L.M. Fletcher1 Comment

Here:

Appellant Brief

Appellee Brief

Lower court materials here and here.

Eleventh Circuit Rules in Favor of Poarch Band in Gaming Dispute with Alabama

Matthew L.M. Fletcher

Here is the opinion in State of Alabama v. PCI Gaming Authority.

Briefs are here.

Flandreau Santee Sioux Tribe Prevails in Contract Action against Gaming Management Company

Matthew L.M. Fletcher

Here is the opinion in Flandreau Santee Sioux Tribe v. Bettor Racing Inc. (Flandreau Santee Sioux Tribal Court):

Memorandum Decision and Order Granting PLTS MSJ

Materials in a related federal case are here and here.

Ho-Chunk Nation Cert Opposition Brief

Matthew L.M. Fletcher

Here is the brief in opposition in Wisconsin v. Ho-Chunk Nation:

Ho-Chunk Nation Cert Opposition Brief

Cert petition here.

Little River Ottawa Sixth Circuit En Banc Petition

Matthew L.M. Fletcher

Here are the new materials in NLRB v. Little River Band of Ottawa Indians Tribal Government:

LRB Motion

LRB En Banc Petition

CA6 panel decision here.

Federal Court Orders Guidiville Rancheria and Casino Development Partner to Pay $1.9M in Attorney Fees to City of Richmond

Matthew L.M. Fletcher1 Comment

Here are the materials in Guidiville Rancheria v. United States (N.D. Cal.):

113 City of Richmond Motion for Judgment on the Pleadings

154 Upstream Point Response

162 City of Richmond Reply

212 DCT Order Granting Motion for Judgment on the Pleadings

255 City of Richmond Motion for Atty Fees

270 Upstream Point Response

271 Guidiville Response

273 City Reply

289 DCT Order Granting Motion for Atty Fees

The tribe has appealed to the Ninth Circuit on the merits of the claim and has already filed their opening brief:

Appellants Joint Opening Brief

Navajo to tax alcohol sold at casinos

Ann Tweedy

Here.

New Scholarship on the Economic Impact of IGRA

Matthew L.M. Fletcher

Randall K. Q. Akee, Katherine A. Spilde, and Jonathan B. Taylor have published “The Indian Gaming Regulatory Act and Its Effects on American Indian Economic Development” in the Journal of Economic Perspectives.

Here is the abstract:

The Indian Gaming Regulatory Act (IGRA), passed by the US Congress in 1988, was a watershed in the history of policymaking directed toward reservation-resident American Indians. IGRA set the stage for tribal government-owned gaming facilities. It also shaped how this new industry would develop and how tribal governments would invest gaming revenues. Since then, Indian gaming has approached commercial, state-licensed gaming in total revenues. Gaming operations have had a far-reaching and transformative effect on American Indian reservations and their economies. Specifically, Indian gaming has allowed marked improvements in several important dimensions of reservation life. For the first time, some tribal governments have moved to fiscal independence. Native nations have invested gaming revenues in their economies and societies, often with dramatic effect.

PDF.