Second Circuit Materials in Sun v. Mashantucket

Here are the briefs in Sun v. Mashantucket Pequot Gaming Enterprise:

Sun Opening Brief

Pequot Answer Brief

Robinson Answer Brief

Reply TK

Lower court materials here.

Comanche Nation Prevails in Contract Dispute with Gaming Developer

Here is the opinion in Comanche Nation v. CDST-Gaming I LLC (CIO Southern Plains Region):

CN-CDST Order MSJ

Chief Magistrate Judge for the Court of Indian Offenses ruled in favor of the Comanche Nation and against CDST-Gaming I, LLC on cross motions for summary judgment.  CDST had sought over $38 million in lost profits for gaming device placements in arbitration, in federal court and then in tribal court for litigation lasting more than a decade.

Casino Developer Sues Big Sandy Rancheria

Here is the complaint in Brownstone LLC v. Big Sandy Rancheria of Western Mono Indians (C.D. Cal.):

Complaint

RFP to Legally Represent the Arizona Indian Gaming Association

Download request for proposals here.

Proposals due June 15, 2016.

Federal Court Refuses to Lift Injunction against Ysleta del Sur Pueblo Gaming, but Ends Continuing Jurisdiction

Here are the materials in State of Texas v. Ysleta del Sur Pueblo (W.D. Tex.):

531 Pueblo Motions

538 Texas Response

591 Pueblo Reply

592 Alabama Coushatta Tribe Amicus Brief

600 Pueblo Response to American Legion Amicus Brief

608 DCT order

First Circuit Briefs in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah)

Here:

Tribe Brief

US Amicus Brief

State Brief

Tribe Reply

Lower court materials here.

Shane Plumer on Turning Gaming Dollars Into Non-Gaming Revenue

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.

Second Circuit Decides Cayuga Nation v. Tanner

Here is the opinion.

An excerpt:

Plaintiffs‐Appellants, the Cayuga Nation, a federally recognized Indian tribe, and individual officers, employees, and representatives of the Cayuga Nation, filed this action in the United States District Court for the Northern District of New York (David N. Hurd, Judge) against the Village of Union Springs, the Board of Trustees of the Village, and individual Village officials, seeking declaratory and injunctive relief. Plaintiffs contend that the federal Indian Gaming Regulatory Act, 25 U.S.C. §§ 2701‐2721, preempts the defendants’ efforts to enforce a local anti‐gambling ordinance against a gaming facility located on land owned by Cayuga Nation.

The district court dismissed the complaint, holding that it lacked subject matter jurisdiction to hear the case because it could not determine, in light of an ongoing leadership dispute within Cayuga Nation, whether the lawsuit was authorized as a matter of tribal law. Following a motion for reconsideration, the district court additionally held that the individual plaintiffs lacked Article III standing to sue in their own right.

On appeal, the plaintiffs argue that the district court had jurisdiction because the Bureau of Indian Affairs had recognized Clint Halftown, who initiated this suit, as the Cayuga Nation’s “federal representative,” thereby relieving the court of the need to resolve questions of tribal law, and because the individual plaintiffs had standing to challenge the anti‐gaming ordinance. We agree and therefore VACATE the district court’s order dismissing the complaint and REMAND for further proceedings consistent with this opinion.

Briefs here.

SCOTUS Denies Cert in Seneca Gaming Case, Citizens Against Casino Gambling in Erie County v. Chaudhuri

Here is the order list today.

Briefs here.

California v. Pauma Cert Stage Briefs

Here are the briefs in California v. Pauma Band of Luiseño Mission Indians of the Pauma and Yuima Reservation:

Cal v Pauma Cert Petn

Pauma Cert Opposition Brief

And Pauma Band of Luiseño Mission Indians of the Pauma and Yuima Reservation v. California:

Pauma Cert Petn

California Cert Opposition Brief

Lower court materials here (panel, en banc).