indian gaming regulatory act

Federal Court (again) Rejects Stand Up’s Claims against Interior and North Fork Rancheria

Matthew L.M. Fletcher

Here are the materials in Stand Up for California! v. Dept. of Interior (E.D. Cal.):

73 SUFC MSJ

77-1 Interior MSJ

79 Tribe MSJ

80 SUFC Opposition

81 Interior Reply

81 Tribe Reply

89 DCT Order

Prior posts here and here.

SCOTUS Denies Cert in Club One Casino v. Haaland

Matthew L.M. Fletcher

Here is today’s order list.

Here are the cert stage briefs in Club One.

Jamul Action Committee v. Simermeyer Cert Petition

Matthew L.M. Fletcher

Here:

Jamul Pet2

Questions presented:

1. Whether, in 1994, Congress eliminated the distinction between “historic tribes” and “created tribes” and, thereby, eliminated the requirement that a tribe must have pre-existed the United States to have tribal immunity
2. Whether the JIV, which became a quarter-blood Indian group in 1996, is a federally recognized tribe, with tribal immunity, by virtue of the fact that it is still on the list of “Indian tribal entities” eligible to receive BIA services.

Lower court materials here.

Club One Casino v. Bernhardt Cert Petition [North Fork Rancheria]

Matthew L.M. Fletcher

Here is the petition in Club One Casino Inc. v. Bernhardt:

Club One Petition for Writ of Certiorari

Appendix

Lower court materials here and here.

Update:

Brief in Opposition

Reply

Flandreau Santee Sioux Prevails at Trial on State Tax of Non-Indian Gaming Contractors

Matthew L.M. Fletcher

Here are the materials in Flandreau Santee Sioux Tribe v. Terwilliger (D.S.D.):

176 State Post Trial Brief

177 Tribe Post Trial Brief

186 Opinion and Order

On remand from the Eighth Circuit here.

New Mexico COA Certifies Tribal Gaming/Immunity Cases to New Mexico SCT

Matthew L.M. Fletcher

Here is the order in Sipp v. Buffalo Thunder Inc.:

36924 and 38636 Certification Order (FINAL)

The question certified:

[W]hether the Indian Gaming Regulatory Act (IGRA), 25 U.S.C. §§ 2701-2721 (2018), permits tribes and states to contract in Tribal-State Class III Gaming Compacts to shift jurisdiction over certain matters to state courts.

Ninth Circuit Rejects Challenge to Jamul Indian Village Gaming Ops

Matthew L.M. Fletcher

Here is the opinion in Jamul Action Committee v. Simermeyer.

Briefs here.

Ninth Circuit Rejects Two Challenges to North Fork Rancheria Gaming

Matthew L.M. Fletcher

Here is the opinion in Club One Casino, Inc. v. Bernhardt.

Briefs here.

And here is the opinion in Stand Up for California! v. Dept. of the Interior.

Briefs here.