IGRA

Jamul Action Committee’s Challenge Dismissed

Matthew L.M. Fletcher1 Comment

Here are the materials in Jamul Action Committee v. Chaudhuri (E.D. Cal.):

123 Tribe Motion to Dismiss

127-1 Federal Motion to Dismiss

133-1 JAC Motion for Summary J

143 JAC Response to 123

144 JAC Response to 127

145 Tribe Reply

146 Federal Reply

151 DCT Order

This case is on remand from the Ninth Circuit; those materials here.

Judge Dismisses Navajo Nation Challenge to State Jurisdiction in Personal Injury Suits at Casinos

Sarah M Donnelly1 Comment

Here are the materials in the matter of Navajo Nation et al v. Marsh et al, 15-cv-00799 (D. N.M. 2016):

Doc. 12 – Motion for Summary Judgment

Doc. 13 – Response to Plaintiff’s Motion for Summary Judgment

Doc. 17 – McNeal Defendant’s Response in Opposition to Plaintiff’s Motion for Summary Judgment

Doc. 19 – Reply in Support of Motion for Summary Judgment

Doc. 21 – Memorandum Opinion and Order

Link to previously posted complaint here.

Seminole Tribes Prevails in Sovereign Immunity Dispute with Slip and Fall Plaintiffs

Matthew L.M. Fletcher

Here is the opinion in Seminole Tribe of Florida v. Schinnler (Fla. Ct. App.).

An excerpt:

Here, the tribe established that no resolution, ordinance or compact including a waiver of immunity was enforceable in 2009 when the plaintiff’s claim arose. The resolution (No. C–195–06) passed by the Tribal Council authorized the tribe to enter into the 2007 compact. While the 2007 compact provided a limited waiver of immunity, our supreme court held the compact invalid. Crist, 999 So.2d at 616. The tribe also provided an affidavit attesting that no waiver of sovereign immunity was in effect when the claim arose. The plaintiff did not rebut this affidavit, nor could she have done so.
There is no factual dispute. The trial court departed from the essential requirements of law when it denied the tribe’s motion to dismiss. This harm is irreparable if immunity is not given its intended effect.

Gun Lake Tribe and state to split $21.7M in disputed revenue sharing

Teresa Walrod1 Comment

From mLive.com:

The Gun Lake Tribe of Pottawatomi Indians and the state of Michigan have agreed to split $21.7 million as a “partial settlement” of a dispute over the Michigan Lottery’s creation of online ticket sales and lottery terminals in social clubs.

HERE

Cross Motions for Summary Judgment in Seminole IGRA Good Faith Suit against Florida

Matthew L.M. Fletcher

Here are the pleadings in Seminole Tribe of Florida v. State of Florida (N.D. Fla.):

37 Seminole Motion for Summary J

38 Florida Motion for Summary J

Motion to dismiss stage pleadings here.

Butte County Loses Challenge to NIGC Compact Approval

Sarah M Donnelly1 Comment

Here are the materials and documents in the matter of Butte County, CA v. Chadhouri et al, 08-cv-00519 (D.C. July 15, 2016):

Doc. 115 – Memorandum of Points and Authorities in Support of Plaintiff’s Motion for Summary Judgment

Doc. 117 – United States’ Opposition to Plaintiff’s Motion for Summary Judgment and Cross Motion for Summary Judgment

Doc. 119 – Intervenor Mechoopda Indian Tribe’s Memorandum in Opposition to Plaintiffs’ Motion for Summary Judgment

Doc. 121 – Memorandum on Opposition to Defendants’ Cross-Motion for Summary Judgment and Reply in Support of Plaintiff’s Motion for Summary Judgment

Doc. 124 – Intervenor Mechoopda Indian Tribe’s Consolidated Reply to Plaintiff’s Memorandum in Opposition to Intervenor Mechoopda Indian Tribe’s Cross Motion For Summary Judgment and Plaintiff’s Memorandum in Opposition to Defendants’ Cross Motion for Summary Judgment and Reply in Support Of Plaintiff’s Motion For Summary Judgment

Doc. 125 – United States’ Reply in Support of its Cross Motion for Summary Judgment

Doc. 128 – Memorandum-Decision and Order

Link to previous coverage here.

 

Amended Opinion from 9th Circuit in JAC v. Chadhouri

Sarah M Donnelly1 Comment

Download order and amended opinion here.

Link to previous coverage here.

Picayune Rancheria Files Complaint Against DOI to Stop Off Reservation Gaming

Sarah M Donnelly

Download complaint here.

Link to news coverage here.

D. Conn. Dismisses MGM’s Action Against State for Tribal Gaming Act

Sarah M Donnelly

Here are the materials in MGM Resorts International Global Gaming Development, LLC v. Malloy et al, 15-cv-01182 (Jun. 23, 2016):

Doc. 35 – First Amended Complaint for Declaratory and Injunctive Relief

Doc. 44-1 – Memorandum of Law In Support of Defendants’ Motion to Dismiss Amended Complaint

Doc. 47 – MGM’s Opposition to Defendants’ Motion to Dismiss Amended Complaint

Doc. 48 – Reply Memorandum of Law in Support of Defendants’ Motion to Dismiss Amended Complaint

Doc. 55 – Ruling on Motion to Dismiss

MGM filed its leave to appeal that day.

Link to previous coverage of original complaint here.

California Court of Appeals Affirms Contract Breach Judgment against Cabazon Band

Matthew L.M. Fletcher

Here is the opinion in Wells Fargo Bank NA v. Cabazon Band of Mission Indians.

An excerpt:

The indenture and note between the Bank and the Tribe were secured by a perfected security interest in the DAR, after being deposited into the Tribe’s custodial account with the Bank. The indenture agreement at issue here did not confer any authority, control, or responsibility to the bondholder or the Bank for the conduct of any gaming activity. It merely provided the Bank and the bondholder with a security interest in a specific bank account. It did not and could not control what was deposited into that custodial account. A contract creating a security interest in a custodial account does not convey authority or responsibility for the conduct of any gaming activity. Therefore, it does not violate the sole proprietary interest rule.

Only brief I’ve found: Wells Fargo’s Reply brief