Indian gaming

Big Sandy Cert Petition in Tax Case

Matthew L.M. Fletcher

Here is the petition in Big Sandy Rancheria Enterprises v. Bonta:

PetitionDownload

Questions presented:

1. Whether an Indian tribe incorporated by federal charter under section 17 of the Indian Reorganization Act of 1934 (25 U.S.C. § 5124) is an “Indian tribe or band with a governing body duly recognized by the Secretary of the Interior” authorized to bring suit under 28 U.S.C. § 1362.

2. Whether the Indian Trader Statutes (25 U.S.C. §§ 261-263) or the Bracker balancing test (see White Mountain Apache Tribe v. Bracker, 448 U.S. 136 (1980)) preempts the State of California’s regulation of intertribal cigarette sales, where an Indian tribe sells tribally manufactured cigarettes to Indian tribal buyers on their home reservations.

Lower court materials here.

Update:

California BIO

Reply

Nevada Federal Court Dismisses Gaming-Related Contract Breach Action against Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians

Matthew L.M. Fletcher

Here are the materials in Platform 10 LLC v. Battle Mountain Band of the Te-Moak Tribe of Western Shoshone Indians of Nevada (D. Nev.):

1 Complaint

14 Motion for Default Judgment

16 DCT Order

 

California COA Decides Rincon Band of Luiseño Mission Indians of the Rincon Reservation Cal. v. Flynt

Matthew L.M. Fletcher

Here are the materials:

Opinion

Appellants Brief

Respondents Brief

Reply

Prior post here.

Federal Court Dismisses Suit against Florida over Seminole Compact

Matthew L.M. Fletcher

Here is the opinion in West Flagler Associates Ltd. v. DeSantis (N.D. Fla.):

41 DCT Order

Briefs are here.

SCOTUS Denies Cert in Miccosukee Member’s Challenge to Federal Income Taxes on Per Capita Payments

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials in Clay v. Commissioner of Internal Revenue.

SCOTUS Denies Cert in Jamul Action Committee v. Simermeyer

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage materials.

California COA Dismisses Coyote Valley Band Appeals under Disentitlement Doctrine

Matthew L.M. Fletcher

Here are the materials in Findleton v. Coyote Valley Band of Pomo Indians:

A156459 [opinion]

Findleton Brief A156459

Findleton Brief A158171 A158172 A158173

Tribe Brief A156459

Tribe Brief A158171 A158172 A158173

Tribe Brief A159823

Tribe Reply A156459

Tribe Reply A158171 A158172 A158173

Federal Court Rejects Alaska Tribe’s Gaming Claim

Matthew L.M. Fletcher

Here is the order in Native Village of Eklutna v. Dept. of Interior (D.D.C.):

71 DCt Order

Briefs here.

Materials in Snoqualmie Entertainment Authority v. Affiliated FM Ins. Co.

Matthew L.M. Fletcher

Here:

Opinion

First Amended Complaint

Tribe MSJ

Affiliated MSJ

Ysleta del Sur Pueblo v. Texas Cert Stage Supplemental Briefs

Matthew L.M. Fletcher

Here:

SG Invitation Brief

Texas Supplemental Brief

Cert stage briefs are here.