Kirsten Carlson on Bryan Newland

From DFP: “Bay Mills president’s Indian Affairs appointment will transform relationships

Fred Dakota Walks On

Here. And here.

The Father of Indian Casino Gambling.”

Area Man Appointed Assistant Secretary

Traverse City Record-Eagle: “Bay Mills man tapped for Department of Interior post

Radio News Network: “Upper Peninsula Man Sworn In As Assistant U.S. Interior Secretary

Prisoner Suit against Pokagon Tribal Police in their Individual Capacities Allowed to Proceed

Here are the materials in Hartsell v. Shaarf (N.D. Ind.):

20 Amended Complaint

34 Motion to Dismiss

35 DCT Order

Prior post here.

Bryan Newland Officially Confirmed as Assistant Secretary of Indian Affairs

https://www.detroitnews.com/story/news/politics/2021/08/07/senate-confirms-michigans-newland-lead-indian-affairs-interior-dept/7964165002/

Bryan is a double MSU grad, former tribal judge, former tribal chair, and a good friend. We are so happy for him to see the official confirmation.

Michigan SCT Holds KBIC Workers Did Not Violate State Tobacco Law When Transporting Unstamped Smokes

Here is the opinion and the materials in People v. Magnant:

Mich SCT Opinion

Davis Brief

Magnant Brief

State Brief

Magnant Reply

Davis Reply

Prior post here.

Federal Court Certifies Class in Williams v. Big Picture Loans

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.) (this case is on remand from the Fourth Circuit):

960 DCT Order re Motion for Protective Order

968 Motion to Certify Class

1007 Opposition to 968

1055 Reply in Support of 968

1090 DCT Order Denying Motion for Stay Pending Appeal

1106 DCT on Motion to Certify Class

1110 Memorandum Opinion

Prior post here.

Michigan (“largely”) Prevails over Keweenaw Bay Indian Community on Sales and Use Taxes

Here are the updated materials in Keweenaw Bay Indian Community v. Khouri (W.D. Mich.):

317 Michigan MSJ

328 KBIC MSJ

365 Michigan Response to 328

370 KBIC Response to 317

376 Michigan Reply

377 KBIC Reply

421 DCT Order re State Prosecutions

422 DCT Order re Protective Order

423 DCT Order

Prior post here.

Minnesota Bankruptcy Court Holds Pokagon Potawatomi Gaming Per Capita Payments are Not Part of Debtor’s Estate

Here are the materials in In re Musel (D. Minn. Bkrcy.):

10 Motion to Turnover

14 Response

22 Trustee Brief

23 Debtor Brief

25 Memorandum Decision and Order

An excerpt:

The Pokagon Band followed all of the requirements outlined in IGRA – a federal statute – to achieve federal approval for its Gaming Revenue Allocation Plan. Once that RAP was approved, the Band’s sovereignty ensured that it became the sole and exclusive authority for creating and defining property rights for payments it authorized. The RAP’s plain language prevented the creation of any vested property right or interest, and any intangible right to payment was unique to the individual tribal member. As a consequence, the debtor had no property interests that would be considered property of the estate under § 541(a). Additionally, even outside of the Pokagon Band’s sovereign authority to create and define property rights, the per capita payments are not property of the estate in policy, logic, or equity.

NYTs: “Native American Tribes Move to Make Real Estate a Force for Renewal”

Here.