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 v. Harrah’s Operating Company, Inc. (N.Y. A.D.) (unpublished), pages 6-7 of the pdf.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

Neighbors of Casino San Pablo Complaint against Interior and NIGC re: Lytton Rancheria Gaming Dismissed

Here are the materials in Neighbors of Casino San Pablo v. Salazar (D. D.C.):

US Motion to Dismiss Neighbors Complaint

Lytton Rancheria Proposed Motion to Dismiss

DCT Order Dismissing Neighbors Complaint

Minn. American Indian Bar Assoc. 2011 Indian Law Conference — March 4, 2011

Featuring keynotes Lawrence S. Roberts (General Counsel, NIGC) and Pricilla A. Wilfahrt (Field Solicitor, DOI).

Here is the brochure: MAIBACLE

NIGC and Interior Opine that Bay Mills Vanderbilt Casino is NOT on Indian Lands and is Therefore Illegal

Here are the opinions (here and here):

BayMillsJurisdictionOpinionFinal

BayMills+Sol+Op+letter+(2)

 

Bay Mills Indian Community Submission to NIGC re: Vanderbilt Casino

This document was submitted in support the Bay Mills Indian Community’s amendment to their gaming ordinance, and appears to be the legal justification for their Vanderbilt casino.

Here it is: Bay Mills Submission to NIGC.

 

Federal Court Denies Fond du Lac Band Effort to Delay Case with Duluth over Gaming Revenue Sharing

Fond du Lac Band had asked for a continuance to allow the National Indian Gaming Commission to weigh in on the agreement with the City of Duluth. No go. Here are the materials in City of Duluth v. Fond du Lac Band of Lake Superior Chippewa Indians (D. Minn.):

Magistrate Report denying Motion for Continuance

DCT Order Adopting R&R

Prior summary judgment materials favoring the City are here.

Briefing in City of Vancouver v. US — Challenge to NIGC Cowlitz Gaming Decision

Here are the materials (argued last week, the panel is WILLIAM C. CANBY, JOHN T. NOONAN and MARSHA S. BERZON):

City of Vancouver Opening Brief

NIGC Answering Brief

City of Vancouver Reply Brief

Lower court materials here.

NIGC: 2009 Indian Gaming Revenues Stable (Actually, Slight Decline for the First Time)

Here is that press release.

Detailed revenue charts here.

“Who Is Tracie Stevens?”

From AllGov, via Pechanga:

National Indian Gaming Commission: Who is Tracie Stevens?
If confirmed as chair of the National Indian Gaming Commission, Tracie Stevens would become the first woman to lead the oversight body for the $27 billion Indian gaming industry.

A member of the Tulalip Tribes in Washington State, Stevens was born in Los Angeles, but returned to Tulalip as a child. In 1985, she became the first member of her immediate family to graduate high school, which she did in Yakima, Washington, in 1985. She began her professional career in the gaming industry in 1995 at her tribe’s casino (Quil Ceda Creek Casino), located north of Seattle. There, she worked in human resource management, employee recruitment and training, and operations planning and analysis, before becoming the Tulalip Casino’s executive director for strategic planning in 2001.

In 2003, she became a legislative policy analyst in the tribe’s government affairs office. She represented the Tulalips in negotiations to update gambling compacts between the state of Washington and all federally-recognized tribes in the state. She also lobbied state lawmakers on tribe-related bills, including a controversial measure in 2005 to allow the Tulalips to retain millions in sales tax revenue collected at Quil Ceda Village. The bill did not pass.

In 2006, Stevens was elevated to senior policy analyst, a position she held until 2009. Also in 2006, Stevens received a Bachelor of Arts degree in social sciences from the University of Washington-Seattle, an accomplishment that took many years, as she had to attend night school while working.

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