Class III Gaming Compact – Page 6

Citizen Potawatomi Nation v. Oklahoma Cert Petition [Liquor sales, gaming compact, arbitration]

June 6, 2018September 11, 2018Matthew L.M. Fletcher

Here:

Question presented:

Whether the Court of Appeals erred in reversing the District Court’s confirmation and enforcement of the Arbitrator’s Award pursuant to the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq.

Lower court materials.

UPDATE:

Oklahoma BIO

New Mexico COA Allows Isleta Casino Worker’s Comp Claim to Proceed over Tribal Immunity Defense

April 11, 2018April 11, 2018Matthew L.M. Fletcher

Here is the opinion in Mendoza v. Isleta Resort & Casino & Hudson Ins. (N.M. Ct. App.):

CA35,520

Sharp Image v. Shingle Springs Cert Petition

March 26, 2018March 24, 2018Matthew L.M. Fletcher

Here is the petition captioned Sharp Image Gaming, Inc. v. Shingle Springs Band of Miwok Indians:

petitionforawritofcertiorari

Question presented:

Whether a collateral agreement to a management contract for an Indian gaming operation is subject to approval by the National Indian Gaming Commission only if the collateral agreement itself provides for management of all or part of the operation.

Lower court materials here.

Federal Court Rejects Stockbridge-Munsee Effort to Restart Litigation against Ho-Chunk Nation Compact, Denies Motion for Sanctions

February 7, 2018Matthew L.M. Fletcher

Here are the materials in Stockbridge-Munsee Community v. State of Wisconsin (W.D. Wis.):

76 motion to file amended complaint

78 wisconsin opposition

81 ho-chunk nation opposition

83 motion for sanctions

84 stockbridge-munsee reply

85 stockbridge-munsee opposition to motion for sanctions

88 dct order

Prior post here.

Tenth Circuit Vacates Arbitration Award Favoring Citizen Potawatomi in Liquor Sales Dispute with Oklahoma

February 6, 2018Matthew L.M. Fletcher

Here is the opinion in Citizen Potawatomi Nation v. State of Oklahoma.

Briefs:

Appellant brief

Citizen Potawatomi brief

Stockbridge-Munsee/Ho-Chunk Nation/Wisconsin Gaming Compact Dispute Dismissed as Moot

October 26, 2017October 26, 2017Matthew L.M. Fletcher1 Comment

Here are the materials in Stockbridge-Munsee Community v. State of Wisconsin (W.D. Wis.):

57 ho-chunk motion for judgment on pleadings

58 stockbridge opposition

62 reply

67 dct order

(Split) Tenth Circuit Rules against Pojoaque Pueblo in Gaming Dispute with State of New Mexico

July 18, 2017July 18, 2017Matthew L.M. Fletcher

Here is the opinion in Pueblo of Pojoaque v. State of New Mexico.

An excerpt:

Plaintiffs-Appellants Pueblo of Pojoaque and its governor, Joseph M. Talachy, (collectively “the Pueblo”) appeal from the district court’s dismissal of its claim for declaratory and injunctive relief based on the State of New Mexico’s alleged unlawful interference with Class III gaming operations on the Pueblo’s lands. Pueblo of Pojoaque v. New Mexico, 214 F. Supp. 3d 1028 (D.N.M. 2016). Exercising jurisdiction under 28 U.S.C. § 1291, we affirm.

From the dissent:

This appeal turns on what constitutes regulation of tribal gaming.
The majority answers narrowly, stating that New Mexico is regulating Indian gaming only when the regulation is directly applied to Indian gaming on tribal land. In my view, this approach is unsupportable and unrealistic. Under the allegations in the Pueblo’s complaint, New Mexico is trying—with considerable success—to disrupt the Pueblo’s gaming operations by targeting the Pueblo’s vendors. This disruption is not
softened by the state’s strategy of targeting vendors.

Briefs here.