Here is the pleading in Citizen Potawatomi Nation v. State of Oklahoma (Am. Arb. Assn.):
Application for Interim Injunctive Relief by Citizen Potawatomi Nation
American Arbitration Association
Citizen Potawatomi Nation Demand for Arbitration against Oklahoma and Governor Fallin
Here:
2704764 – CPN-OTC Demand for Arbitration
An excerpt:
The Citizen Potawatomi Nation (“Nation” or “Claimant”), a federally-recognized Indian tribal government, hereby demands arbitration of a dispute between the Nation and the State of Oklahoma (“Oklahoma” or “Respondent”). The Nation seeks:
(1) determination by an arbitrator under AAA Rule R-7 of the arbitrator’s own jurisdiction and the scope of the parties’ arbitration agreement, which is part of the Dispute Resolution procedures within a Tribal-State Gaming Compact that the Nation claims to provide the exclusive means by which Oklahoma may enforce obligations set forth in the Compact;
(2) determination by an arbitrator of whether the Dispute Resolution (including arbitration) procedures of the Compact are the exclusive means by which Oklahoma may seek to enforce against the Nation’s Compact facilities the Nation’s duties imposed to comply with state laws governing sales and service of alcoholic beverages, as imposed by Compact Part 4(I);
Update in Comanche v. Fallin — Dispute over Tax Compact — UPDATEd (12/2/13)
Here are the federal court filings so far in Comanche Nation v. Fallin (W.D. Okla.):
11 Oklahoma Motion to Vacate Arbitration
UPDATE (12/2/13):
2512486 – Nov 20 2013 Transcript of Hearing in Comanche Nation v Fallin – Hon Robin J Cauthron
An excerpt:
Pursuant to this Order, Defendants are hereby Ordered to recognize, honor, and implement the terms of the October 31, 2013, Compact with the Chickasaw Nation and all of its terms, including the tax apportionment formulas, as if that Compact were entered with Plaintiffs. Further, the State shall withdraw any tobacco stamps issued inconsistently with the terms of the 2013 Compact.
The Court finds that any tax loss to the State is easily recoupable, and because this Order will expire in three weeks, in accordance with Fed. R. Civ. P. 65(c), Plaintiffs shall post a bond in the amount of $25.00 within three days of the date of this Order.
Prior post here.
Comanche Wins Emergency Arbitration Injunction against Oklahoma in Tax Compact Dispute
Here is the award in Comanche Nation v. State of Oklahoma (AAA):
8672778_1(Comanche Nation v State of Oklahoma Order)
Update:
Tribal Court Case Studies: Grand Ronde Case
An interesting case (to me anyway) that has been winding its way through state, tribal, and now federal courts — a case involving an investment contract between the Grand Ronde Confederated Tribes and Strategic Wealth Management (and now its insurance company). In short, the deal between the two went bad and the parties ended up in state court, then before an arbitrator. The arbitrator ruled against the tribe, and awarded millions in attorney fees to SWM (but nothing else). The tribe refused to pay, arguing that it had not waived its immunity in relation to attorney fees, and SWM went to tribal court to enforce the arbitration award of attorney fees. The tribal court affirmed the tribe’s claim of immunity and now the case is in federal district court on a Montana 1 theory (huh?). Anyway, I wrote about this case as it went through the tribal court recently (here). And I personally know the two principals of SWM from my work at Pascua Yaqui a thousand years ago.
This may look like a tribe hiding behind sovereign immunity, but keep in mind that the Sizemore brothers (the SWM principals) prided themselves on being “experts” on federal Indian law (despite not being lawyers) and wrote the contract at issue. Moreover, the amount of atty fees awarded by the arbitrator was extraordinary (in the millions).
Contract with Strategic Wealth Management
Tribal Court of Appeals Opinion
Federal District Court Materials:
Plaintiff Motion for Summary Judgment
Turtle Talk 