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:

NGS SC Opinion

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

Mole Lake Motion to Dismiss

Mole Lake Motion Exhibits

Wells Fargo Opposition

Wells Fargo Exhibits

Mole Lake Reply + Exhibits

A few excerpts from the opinion:

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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 v. Harrah’s Operating Company, Inc. (N.Y. A.D.) (unpublished), pages 6-7 of the pdf.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

LDF Supplemental Response

Washburn Affidavit

Order of Dismissal LDF

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.