Here are the new materials in Tohono O’odham Nation v. Ducey (D. Ariz.):
Indian gaming
California Appellate Court Orders Cal. Miwok to Pay Costs in Revenue Sharing Matter
Here is the unpublished opinion in California Valley Miwok Tribe v. California Gambling Control Commission (Cal. Ct. App. — 4th Dist.): D068909
An excerpt:
Plaintiff California Valley Miwok Tribe (the Tribe) appeals from the trial court’s award of costs in favor of defendant California Gambling Control Commission (the Commission), following the Commission’s successful summary judgment against the Tribe in its lawsuit seeking an order requiring the Commission to pay over the funds to the Tribe from the Indian Gaming Revenue Sharing Trust Fund (RSTF). The Tribe contends that it is protected by tribal sovereign immunity from incurring any obligation to pay costs to the prevailing defendant in a lawsuit that it initiated. As we will explain, the Tribe’s position lacks merit, and accordingly we affirm the award of costs.
Related materials here.
California Court of Appeals Affirms Contract Breach Judgment against Cabazon Band
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
Second Circuit Materials in Sun v. Mashantucket
Here are the briefs in Sun v. Mashantucket Pequot Gaming Enterprise:
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):
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.):
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.):
592 Alabama Coushatta Tribe Amicus Brief
First Circuit Briefs in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah)
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.
Turtle Talk 
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