Indian gaming

No Casino in Plymouth v. NIGC Cert Petition

Matthew L.M. Fletcher

Here:

cert-petitionDownload

Questions presented:

  1. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to DOI’s approval of a trust transfer for the Ione Band which was not a recognized tribe in 1934 as required by the IRA?
  2. Did the Ninth Circuit err when it dismissed plaintiffs’ challenge to NIGC’s authority to approve a gaming ordinance for the Ione Band which has no Indian lands as defined by IGRA?
  3. Did the Ninth Circuit err when it dismissed plaintiffs’ claim that federal acknowledgement as a tribe under 25 CFR Part 83 is a prerequisite for the Ione Band to receive IRA and IGRA benefits?

Lower court materials here.

West Flagler v. Haaland Cert Petition

Matthew L.M. Fletcher

Here:

West Flagler Cert Petition.pdfDownload

Questions presented:

1. Whether IGRA authorizes the approval of a compact that purports to allow for an online sports gambling monopoly throughout the state and off Indian lands.

2. Whether an IGRA compact violates the Unlawful Internet Gambling Enforcement Act if it provides for internet sports betting that is unlawful where many of the bets are placed.

3. Whether the Secretary’s approval of a tribalstate compact violates equal protection principles where it provides a specific tribe with a monopoly on online sports gaming off tribal lands, while state law makes that conduct a felony for everyone else.

Lower court materials here.

New Mexico SCT Confirms Class III Compacts Do Not Allow State Court Jurisdiction over Tort Claims

Matthew L.M. Fletcher

Here is the opinion in Sipp v. Buffalo Thunder Inc.:

Opinion.pdfDownload

Here are the briefs (note — these are the court of appeals briefs):

Sipp COA Brief.pdfDownload
Buffalo Thunder COA Brief.pdfDownload
Sipp COA Reply.pdfDownload

Florida COA Holds Premature Tort Claim Against Seminole Does Not Foreclose Later Claim within Limitations Period

Matthew L.M. Fletcher

Here are the materials in Seminole Tribe of Florida v. Pupo (Fla. Ct. App.):

Opinion.pdfDownload
Opening Brief.pdfDownload
Answer Brief.pdfDownload
Reply Brief.pdfDownload

Yavapai-Apache Nation Appellate Court Decides La Posta Band of Diegueno Mission Indians v. Yavapai-Apache Nation

Matthew L.M. Fletcher

Here is the opinion:

YAN v La Posta Opinion.pdfDownload

Most recent related post here.

Florida SCT Briefs in West Flagler LLC v. DeSantis

Matthew L.M. Fletcher

Here:

West Flagler Fla SCT Petition.pdfDownload
State Response.pdfDownload
Seminole Amicus Brief.pdfDownload

North Carolina Federal Court Dismisses Employment Action against Harrah’s EBCI Casino [Rule 19]

Matthew L.M. Fletcher

Here are the materials in Peterson v. Harrah’s NC Casino Company LLC (W.D. N.C.):

1 Complaint.pdfDownload
16 Motion to Dismiss.pdfDownload
18 Opposition.pdfDownload
19 Reply.pdfDownload
24 Surreply.pdfDownload
25 DCT Order.pdfDownload

SCOTUS Denies Stay in West Flagler Suit

Matthew L.M. Fletcher

Here are the materials in West Flagler Associates Ltd. v. Haaland:

Application for Stay

Federal Response

Order Denying Stay + Kavanaugh Statement

Seminole Letter

Lower court materials here.

California COA Affirms Application of Sovereign Immunity in Employment Termination Dispute

Matthew L.M. Fletcher

Here is the unpublished opinion in Mapp v. Viejas Band Of Kumeyaay Indians (Cal. Ct. App.):

Opinion.PDFDownload

An excerpt:

Mapp’s claims in this case relate to his employment by the Band and its potential termination based on the Band’s provision of a conditional license via its officials. He seeks to allege a violation of Family Code section 5290, which permits assessment of a civil penalty against an “employer” for specified conduct.9 That remedy and any judgment would be expressly against the Band. Mapp’s other damages related to negative employment decisions likewise would effectively obligate the Band, not personally the individuals who were implementing the Band’s gaming license rules and conditions. In short, the Band is the real party in interest, and sovereign immunity extends to the individual defendants.