IGRA – Page 36 – Turtle Talk

The en banc court affirmed the district court’s summary judgment in favor of a tribe that alleged that the State of California had failed to negotiate in good faith for a gaming compact under the Indian Gaming Regulatory Act for Class III gaming on a parcel of land taken into trust for the tribe by the Bureau of Indian Affairs.

Rejecting California’s argument that the tribe lacked standing to compel it to negotiate in good faith under the IGRA, the en banc court held that the State’s argument amounted to an improper collateral attack on the BIA’s decisions to take the parcel of land into trust and to designate the tribe as a federally recognized Indian tribe. The en banc court held that the district court did not abuse its discretion in failing to grant a continuance for additional discovery under Fed. R. Civ. P. 56(f).

The en banc court dismissed the tribe’s cross-appeal as moot.

Links to oral argument and briefs here.

Government Moves to Dismiss Kansas Challenge to NIGC Indian Lands Opinion re: Quapaw

June 1, 2015Matthew L.M. Fletcher1 Comment

Here are the materials so far in State of Kansas v. National Indian Gaming Commission (D. Kan.):

43 US Motion to Dismiss

Complaint here.

Ninth Circuit Denies En Banc Review in Tulalip Tribes Gaming Compact Dispute

June 1, 2015Matthew L.M. Fletcher

Here is the order in Tulalip Tribes v. State of Washington:

2015-05-28 Dkt #57 Denial of Pet for Rehearing En Banc

En banc petition here.

Panel opinion here. Briefs here.

SCOTUS Denies Cert in Stop the Casino 101 v. California

May 26, 2015Matthew L.M. Fletcher

Here is today’s order list.

Petition here.

Federal Court Denies Motion for Preliminary Injunction to Stop Jamul Indian Village Casino Project

May 21, 2015Matthew L.M. Fletcher1 Comment

Here is the order in the case now captioned Jamul Action Committee v. Chaudhuri (E.D. Cal.):

93 DCT Order Denying Injunction

Pleadings and prior orders here.

Oklahoma v. Hobia is SCOTUSBlog Petition of the Day

May 18, 2015Matthew L.M. Fletcher

Here.

The petition is here.

Eighth Circuit Briefs in Bettor Racing v. NIGC

May 9, 2015May 8, 2015Matthew L.M. Fletcher1 Comment

Here:

Flandreau Brief

NIGC Brief

Other briefs TK.

Lower court materials here.

Fond du lac Band Prevails (Again) before Eighth Circuit in Gaming Compact Dispute

May 8, 2015Matthew L.M. Fletcher

Here is the opinion in City of Duluth v. Fond du Lac Band of Lake Superior Chippewa II:

City of Duluth v. Fond du Lac Band of Lake Superior Chippewa 8th Circuit Decision

An excerpt:

We remand to the district court for its reconsideration of the Band’s Rule 60(b)(6) motion and direct it to consider all of the factors outlined here and in our prior remand order. Accordingly, the district court must give proper weight to the congressional intent that tribes be the primary beneficiaries of Indian gaming as well as other relevant factors we have previously identified. These include the facts that the City was on notice in 2009 of relevant actions and policies of the Gaming Commission and its warning in the 2011 Notice of Violation that the tribe would violate IGRA by making further rent payments to the city. As discussed in our prior City of Duluth opinion, such change in the governing law is also relevant to the question of whether an exceptional circumstance compels a grant of Rule 60(b)(6) relief. City of Duluth, 702 F.3d at 1154-55; see In re Pac. Far E. Lines, Inc., 889 F.2d 242 (9th Cir. 1989).

Briefs are here.