D. Conn. Dismisses MGM’s Action Against State for Tribal Gaming Act

Here are the materials in MGM Resorts International Global Gaming Development, LLC v. Malloy et al, 15-cv-01182 (Jun. 23, 2016):

Doc. 35 – First Amended Complaint for Declaratory and Injunctive Relief

Doc. 44-1 – Memorandum of Law In Support of Defendants’ Motion to Dismiss Amended Complaint

Doc. 47 – MGM’s Opposition to Defendants’ Motion to Dismiss Amended Complaint

Doc. 48 – Reply Memorandum of Law in Support of Defendants’ Motion to Dismiss Amended Complaint

Doc. 55 – Ruling on Motion to Dismiss

MGM filed its leave to appeal that day.

Link to previous coverage of original complaint here.

MGM Resorts Sues Connecticut over New Tribal Gaming Act

The complaint, filed in federal district court in Connecticut on August 4, is here: 273548545-MGM-v-Malloy Complaint.

The state law, signed by the Governor on June 19, 2015, is here.

From the complaint:

MGM seeks to have the Act declared invalid and enjoined on two principle bases:

a. The Act violates the Equal Protection Clause because it is a race-based set-aside in favor of the two Preferred Tribes at the expense of all other tribes, races, and entities; and

b. The Act violates the dormant Commerce Clause because it discriminates on its face in favor of the two in-state Preferred Tribes at the expense of out-of-state competitors, all of whom are barred from attempting to develop a casino gaming facility in Connecticut.