Class III Gaming Compact

Big Lagoon En Banc Oral Argument Materials

Matthew L.M. Fletcher2 Comments

Here is “Small Native American Tribe and U.S. Duke It Out at the 9th Circuit.”

This seems like a misleading headline since the tribe and Feds were on the same side. In short, argument seemed to go well for tribal interests.

You can access the argument here.

Materials here.

Ninth Circuit to Video Stream En banc Arguments in Big Lagoon Rancheria Gaming Matter (Sept. 17, 2014)

Matthew L.M. Fletcher

Here is the news release. An excerpt:

On Wednesday, September 17, 2014, beginning at 10 a.m., the court will hear oral arguments in Big Lagoon Rancheria v. State of California, in which the state appeals the summary judgment by the U.S. District Court for the Northern District of California in favor of Big Lagoon Rancheria, an Indian reservation near Eureka.  The lower court determined that the state violated the Indian Gaming Regulatory Act by failing to negotiate in good faith for a tribal-state gaming compact.

Here is the panel: Alex Kozinski, Harry Pregerson, Stephen Reinhardt, Diarmuid O’Scannlain, Susan Graber, William Fletcher, Richard Paez, Jay S. Bybee, Milan Smith, Morgan Christen, and Jacqueline Nguyen

En banc materials here.

Panel materials here.

Ninth Circuit to Re-Hear Big Lagoon Rancheria Appeal Sept. 17, 2014

Matthew L.M. Fletcher2 Comments

Here:

Big Lagoon — CA9 Order Setting Oral Argument

En banc materials here.

Panel materials here.

California COA Affirms Tribal Immunity from Casino Employees’ Suit

Matthew L.M. Fletcher1 Comment

Here is the opinion in Chavez v. Morongo Casino Resort & Spa:

Opinion

Ninth Circuit Grants En Banc Review in Big Lagoon Rancheria v. State of California

Matthew L.M. Fletcher5 Comments

Here:

2014 0611 Order Granting Petition for Rehearing En Banc

En banc petition here. Supporting amicus briefs here.

Lower court materials here.

D.C. Circuit Briefs in Amador County v. Dept. of Interior (Amador II) — Buena Vista Rancheria Motion to Intervene

Matthew L.M. Fletcher1 Comment

Here:

Buena Vista Opening Brief

Amador County Brief

Buena Vista Reply Brief

DOI Letter

UPDATE: oral argument audio here.

Lower court materials:

59-1 Buena Vista Rancheria Motion to Intervene

61 Amador County Opposition

62 Buena Vista Reply

65 DCT Order Denying Motion to Intervene

Materials in related cases:

Materials in Amador I.

Materials in Friends of Amador County v. Jewell.

Amici Supporting Big Lagoon Rancheria’s En Banc Petition

Matthew L.M. Fletcher1 Comment

Here:

Big Lagoon v California – 64 – US brief

Big Lagoon v California – 67-2 – NCAI USET brief

Big Lagoon v California – 68 – CILS Ltr

The en banc petition is here.

The panel materials are here.

Big Lagoon Rancheria En Banc Petition

Matthew L.M. Fletcher2 Comments

Here:

Petition for Panel Rehearing

The panel materials are here.

Wisconsin v. Ho-Chunk Nation Disupte over Class II Gaming at Madison

Matthew L.M. Fletcher

Here are the materials so far in State of Wisconsin v. Ho-Chunk Nation (W.D. Wis.):

25 HCN Brief

22 Wisconsin Brief

Ninth Circuit Affirms Rule 19 Dismissal in Friends of Amador County v. Jewell

Matthew L.M. Fletcher5 Comments

Here is the unpublished opinion. An excerpt:

The district court concluded next that joinder would not be feasible because the Tribe enjoys sovereign immunity as a federally recognized Indian tribe. Appellants challenge the validity of the Tribe’s federally recognized status but concede its existence. Indeed, the Tribe has been federally recognized since at least 1985, see Indian Tribal Entities Recognized and Eligible to Receive Services, 50 Fed. Reg. 6055-02 (Feb. 13, 1985), and it thus has “the immunities and privileges available to other federally acknowledged Indian tribes by virtue of their government-to-government relationship with the United States,” Indian Entities Recognized and Eligible to Receive Services from the Board of Indian Affairs, 77 Fed. Reg. 47,868-01 (Aug. 10, 2012).

Briefs and link to oral argument audio here.

Lower court materials here.