Here is today’s order list.
Here are the cert stage briefs.
SCOTUS Denies Cert in Citizens Against Reservation Shopping v. Zinke
Here is today’s order list.
Indian gaming
Ninth Circuit Briefs in Jamul Action Committee Appeal
Here are the briefs (so far) in Jamul Action Committee v. [Chaudhuri]:
Jamul Action Committee Opening Brief
Lower court materials here.
Picayune Rancheria Sued by Gaming Management Company for Breach of Contract
Here is the complaint in Osceola Blackwood Ivory Gaming Group v. Picayune Rancheria of Chukchansi Indians (E.D. Cal.):
D.C. Circuit Materials in Butte County v. Chaudhuri
Here:
Lower court materials here.
Ho-Chunk Nation’s Wittenberg Expansion Facts
Download(PDF): Release
Federal Court Rejects Sag Chip and Nottawaseppi Huron Potawatomi Motions to Intervene in Bay Mills Gaming Case
Here are the materials in Bay Mills Indian Community v. Snyder (W.D. Mich.):
47 Saginaw Chippewa Motion to Intervene
54 Michigan Motion for Summary J
54 Nottawaseppi Motion to Intervene
61 Michigan Opposition to SCIT Motion
62 BMIC Opposition to SCIT Motion
67 Michigan Opposition to NHB Motion
Tribe Notifies State of Wisconsin of Intent to Withhold Revenue Sharing Payment
Download(PDF): Letter of Notification
From the Tribe:
The Stockbridge-Munsee Tribe announced today that it has notified the State of Wisconsin of its intent to withhold its revenue sharing payment of $923,000 due to the State’s violation of its gaming compact with the tribe.
The State is in violation of two sections of its compact with the Stockbridge-Munsee by:
- Allowing the Ho-Chunk Nation to unlawfully operate its Wittenberg Casino on lands not eligible for Indian gaming under IGRA since 2008.
- Allowing the Ho-Chunk Nation to operate the Wittenberg Casino beyond the scope permitted in Ho-Chunk Nation’s gaming compact with the State since 2008.
More information and supporting documents can be found on the tribal website.
Tenth Circuit Issues Temporary Injunction against New Mexico in Dispute with Pueblo of Pojoaque
Federal Bankruptcy Court Holds Bankruptcy Act Doesn’t Abrogate Tribal Immunity, Tribal Corporations Immune
Here are the materials in In re Money Centers of America (D. Del. Bkrcy.):
An excerpt:
As set forth above, the Court finds that: (i) this is a facial attack on the Court’s subject matter jurisdiction allowing the Court to review various documents attached to the pleadings; (ii) both QCA and Thunderbird are sufficiently related to their respective Indian tribes to enjoy the tribes’ sovereign immunity; and (iii) neither Section 106(a) nor Section 101(27) abrogates QCA’s and Thunderbird’s sovereign immunity. Thus, Thunderbird’s motion to dismiss will be granted.
Furthermore, as to QCA only, the Court finds that it does not have sufficient information to determine whether there was a limited waiver of QCA’s sovereign immunity, to the extent of recoupment only, as to QCA’s claims. Although, at most recoupment would be limited to the amount of QCA’s claims against the Money Center’s estate
Quapaw Casino proceeding:
Thunderbird (Absentee Shawnee) proceeding:
Sun v. Mashantucket Pequot Cert Petition
Here:
Question presented:
If the District Court refuses Plaintiffs’ Motion to Reopen its case based squarely upon whether the case has no chance of succeeding on its merits, is it a violation of Plaintiffs’ Due Process rights for the District Court to ignore new precedent repeatedly brought to its attention that would allow Plaintiffs to succeed on the merits?
Lower court materials here.
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