Tenth Circuit Denies En Banc Review in BMG v. Chukchansi; Expect Cert Petition Soon

Here is that order: Order Denying Petition for En Banc Rehearing.

Here are our earlier posts: en banc materials, and Tenth Circuit panel materials.

En Banc Petition and Response in BMG v. Chukchansi

Here are those materials:

BMG Petition for En Banc Rehearing

Chukchansi Response to Petition for Rehearing En Banc

Here are the earlier materials, and a link to an Indian Country Today piece on the case.

BMG v. Chukchansi Casino — Tribal Sovereign Immunity

In the September 12, 2007 order, the district court granted the motion to dismiss as to the Chukchansi Indian Tribe, but left open the question as to whether sovereign immunity applied to the tribe’s economic development entity. In the August 6, 2008 order, the court held the entity was not entitled to sovereign immunity.

Here are the relevant briefs and materials:

amended-complaint

casino-motion-to-dismiss

bmg-resp-to-motion-to-dismiss

bmg-motion-for-reconsideration