Download order and amended opinion here.
Link to previous coverage here.
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.
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
Download request for proposals here.
Proposals due June 15, 2016.
Here is the opinion in Jamul Action Committee v. Chaudhuri.
The court’s syllabus:
The panel affirmed the district court’s denial of a petition for a writ of mandamus under the Administrative Procedure Act of a group of tribal members and organizations, alleging that the National Indian Gaming Commission violated the National Environmental Policy Act when it approved the Jamul Indian Village’s gaming ordinance for a casino in Jamul, California, without first conducting a NEPA environmental review. The district court held that the Gaming Commission’s approval of the 2013 gaming ordinance was not “major federal action” within the meaning of NEPA requiring the preparation of an environmental impact statement. Affirming on different grounds than the district court, the panel held that even if the GamingCommission’s approval of the gaming ordinance was a major federal action within the meaning of NEPA, the GamingCommission was not required to prepare an environmental impact statement because there was an irreconcilable statutory conflict between NEPA and the Indian Gaming Regulatory Act, pursuant to San Luis & Delta-Mendota Water Auth. v. Jewell, 747 F.3d 581, 648 (9th Cir. 2014) (holding that an agency need not adhere to NEPA “where doing so ‘would create an irreconcilable and fundamental conflict’ with the substantive statute at issue”).
Briefs here.
Here are the materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):
592 Alabama Coushatta Tribe Amicus Brief
Shane Plumer has published “Turning Gaming Dollars Into Non-Gaming Revenue: Hedging For The Seventh Generation” in the Journal of Law and Inequality’s Sua Sponte.
Here is the abstract:
There are four levels of diversification that tribes engage in: level one consists of amenities to gaming facilities; level two consists of tourist-reliant non-gaming businesses; level three involves on-reservation businesses that export products off the reservation; and the most sophisticated level involves acquiring off-reservation businesses in order to access more diverse markets. Historically, tribal economic development has been hindered by lack of access to capital markets, limitations placed on federal funding, federal Indian policy that requires creation of jobs on the reservation, information asymmetry and conservative investment strategies that are holdovers from how federal agencies invested tribal funds. This article provides a roadmap for cutting-edge tribal economic development that focuses on off-reservation investment by mobilizing investment banks and private equity in order to diversify tribal investment portfolios.
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