Here is the complaint in Moapa Band of Paiute Indians v. Herbst Moapa Development LLC (D. Nev.):
gaming management contract
Pokagon Band Potawatomi Buys Out Gaming Management Co. (Lakes Entertainment)
Here is Pokagon’s press release.
And here is Lakes‘.
Sac and Fox SCT Holds Gaming Equipment Contract is Void Management Contract; No Valid Immunity Waiver
Here is the opinion in New Gaming Systems v. Sac and Fox Nation:
Wells Fargo Bank v. Sokaogon Chippewa Community (Mole Lake Chippewa) — Another Case re: Tribal Business Operations and Receivership
Here are the materials in Wells Fargo Bank v. Sokaogon Chippewa Community (E.D. Wis.):
DCT Denying Mole Lake Motion to Dismiss
A few excerpts from the opinion:
Marshall Investments Corp. v. Harrah’s — N.Y. Courts Strike Tortious Interference with Contract Claim on Void Gaming Management Contract
Here is the opinion in Marshall Investments Corp. v. Harrah’s Operating Company, Inc. (N.Y. A.D.) (unpublished), pages 6-7 of the pdf.
An excerpt:
The subject pledge agreement did not constitute a management contract which required the approval of the National Indian Gaming Commission (25 CFR 502.15; cf. Machal, Inc. v Jena Band of Choctaw Indians, 387 F Supp 2d 659, 666-667 [2005]). However, because it changes the Tribe’s obligations, requiring them to make payments into escrow, and alters their liabilities, giving the right to sue and a veto over certain modifications of a separate management agreement to plaintiffs, the pledge agreement is a modification or assignment of rights under the management agreement. As such, it is void because it was never approved by the commission (25 CFR 533.7). Since the underlying contract is void, plaintiffs cannot recover for tortious interference with that contract (see Lama Holding Co. v Smith Barney, 88 NY2d 413, 424 [1996]).
Federal Court Dismisses Effort by Wells Fargo to Take Over LDF’s Lake of the Torches EDC
Pretty incredible case. Wells Fargo, alleging financial improprieties by the EDC relating to an indentured trust, sought an order from the court appointing a receiver for the EDC. The EDC defended on grounds of sovereign immunity and that the trust had not been approved by the NIGC, apparently prevailing on the latter theory.
Here are the materials (the court has promised a written opinion “in due course”):
Wells Fargo Motion to Appoint Receiver
LDF Opposition to Motion to Appoint Receiver
Wells Fargo Reply re Motion to Appoint Receiver
Wells Fargo Supplemental Brief re Motion to Appoint Receiver
Luna Gaming v. Dorsey & Whitney and Holland & Knight
Here are the materials in this ongoing contract and legal malpractice claim against two major law firms and a few lawyers by an Indian gaming developer. The court just granted partial summary judgment in favor of the firms, with some claims against Dorsey still remaining.
dorsey-whitney-motion-for-summary-judgment
holland-knight-motion-for-summary-judgment
luna-gaming-opposition-to-dorsey-motion
Turtle Talk 