The tribe here is appealing a state court trial decision holding that a jury should determine whether the tribe’s waiver of immunity was “reasonable.” There are other issues as well (for example, the NIGC issued an opinion on the underlying contract that the state trial court disregarded on various grounds). Here are the materials in Sharp Image Gaming v. Shingle Springs Band of Miwok Indians (Cal. App.):

2009-11-17 Ruling re Motion to Dismiss

2012-10-10 Tribes Opening Brief

Prior post on this case here.