As Indianz reports, the Menominee Tribe has sued to prevent Dirk Kempthorne from making a decision on the tribe’s off-reservation gaming application before the change in administration.
Indian gaming
Catskill Development v. Park Place Entertainment — Gaming Development Dispute
The Second Circuit affirmed the dismissal of tortious interference with contract claims relating to a failed casino venture with the St. Regis Mohawk Tribe.
catskill-development-v-park-place-ca2-opinion
A related $3 Billion tribal court judgment is pending (materials here).
Pokagon Band Settles Revenue Sharing Dispute & Amends Gaming Compact
From the Business Review Western Michigan:
Amendments to the Pokagon Band of Potawatomi Indians’s gaming compact will give the state an immediate $15 million and give the tribe the right to open limited satellite casinos in Hartford and Dowagiac, Gov. Jennifer Granholm’s office announced today.
The amended compact resolves issues between the state of Michigan and the tribe that led to the Pokagon Band’s withholding revenue-sharing payments to the state for most of the 14 months its Four Winds Casino in New Buffalo Township has been open.
The band contended the state’s Club Keno game eliminated the tribe’s exclusive rights to operate electronic games of chance. The exclusivity provision was deleted from the amended compact. As a result of this change, the band immediately will make an initial annual payment of more than $15 million to the state.
Similar disputes between the Little River Band of Ottawa Indians and the Little Traverse Bay Bands of Odawa Indians were resolved earlier this year. Amendments to compacts do not require approval of the state legislature.
The amendments to the 1998 compact extend the life of the compact from 2018 to 2028, to ensure a full 20 years, as the original compact intended, according to the joint announcement. A series of lawsuits delayed the casino’s opening to August 2008.
A Hidden Cost of Tribal Per Capita Payments?
Standards and Poor’s lowered the credit rating of the Mashantucket Pequot Nation (H/T Indianz), making this statement:
The ‘BB-‘ rating reflects the Tribe’s high debt leverage, limited geographic diversity, and significant historical and expected distributions to Tribal members. These factors are partially tempered by the favorable demographics of the Connecticut market and limited new competition expected over the next two to three years.
Here are the factors that contribute to the higher cost of tribal credit: (1) high debt; (2) limited geographic diversity; and (3) high per caps. The first two can’t really be helped, but the per caps can be limited. Indian tribes should seriously consider limited or eliminating per caps. At least until the economy comes back.
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
Bay Mills Resort & Casino v. Gerbig — Gambling Debt Suit
The Michigan Court of Appeals held that Michigan law relating to accounting and cash handling does not apply to Indian gaming operations, the defense raised by a defendant in a claim by the casino for $23,000 in gambling debts. The trial court had awarded $4000. The COA raised that to the full amount. Here is the unpublished opinion.
San Pasqual v. California Decision
Chao v. Spokane Tribe Materials
See our earlier post on the W.D. Wash. decision not to quash an administrative subpoena in a FLSA investigation against the Spokane Tribe’s gaming operations. Here are the rest of the materials:
dol-motion-to-enforce-subpoena
Chao v. Spokane Tribe — FLSA Subpoena
The Western District of Washington rejected a magistrate judge’s report and recommendation quashing a subpoena issued by DOL Wage and Hour regarding an FLSA complaint. The district court concluded, it appears, that gaming is not a governmental activity….
NYTs: McCain and Indian Gaming Ties
Three of the top ten gaming donors to McCain are tribal (here).
The main article from the NYTs:
Senator John McCain was on a roll. In a room reserved for high-stakes gamblers at the Foxwoods Resort Casino in Connecticut, he tossed $100 chips around a hot craps table. When the marathon session ended around 2:30 a.m., the Arizona senator and his entourage emerged with thousands of dollars in winnings.
A lifelong gambler, Mr. McCain takes risks, both on and off the craps table. He was throwing dice that night not long after his failed 2000 presidential bid, in which he was skewered by the Republican Party’s evangelical base, opponents of gambling. Mr. McCain was betting at a casino he oversaw as a member of the Senate Indian Affairs Committee, and he was doing so with the lobbyist who represents that casino, according to three associates of Mr. McCain.
Turtle Talk 
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