Ninth Circuit Briefs in State of Idaho v. Coeur d’Alene Tribe

Here:

Coeur d’Alene Tribe Opening Brief

Shoshone-Bannock Tribes Amicus Brief

State Brief

Tribe Reply

Oral argument audio, video.

Lower court materials here, here, here, and here.

Stay Pending Appeal Denied in Coeur d’Alene Gaming Dispute

Here are the new materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

42-1 Motion to Stay Pending Appeal

48 Response

50 Reply

57 DCT Order

Prior posts here, here, and here.

Federal Court Enjoins Texas Hold ‘Em Poker at Coeur d’Alene Tribe

Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

33 Tribe Reply

35 DCT Order Staying Proceedings

40 DCT Order

An excerpt:

The Court has before it Defendant Coeur d’Alene Tribe’s Motion to Dismiss (Dkt. 15) and Plaintiff the State of Idaho’s Motion for a Temporary Restraining Order and for a Preliminary Injunction (Dkts. 3, 4). The Court previously stayed this lawsuit based on the Tribe’s argument that the parties had agreed to arbitrate this dispute. See June 23, 2014 Order, Dkt. 35. Afterward, the Tribe changed its mind and decided it would prefer to litigate. The Court will therefore address the pending motions. For the reasons expressed below, the Court will deny the Tribe’s motion to dismiss and grant the State’s motion for injunctive relief.

Prior materials here. H/t Pechanga.

Federal Court Sends Coeur d’Alene Tribe Poker Dispute to Arbitration

Here are the updated materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

33 Coeur d’Alene Tribe Reply

35 DCT Order

Prior briefs here.

Materials (So Far) in Idaho v. Coeur d’Alene Texas Hold ‘Em Poker Dispute

Here are the materials in State of Idaho v. Coeur d’Alene Tribe (D. Idaho):

3-1 Idaho Motion for TRO

15-1 Coeur d’Alene Tribe Motion to Dismiss

16 Coeur d’Alene Opposition to Motion for TRO

20 Shoshone-Bannock Motion to File Amicus Brief

25 Idaho Reply

28 DCT Order Granting Motion to File Amicus Brief

 

“Is Texas Hold ‘Em a Game of Chance?”: Georgetown Law Journal

Here’s a new article in the Georgetown Law Journal asking whether poker is a game of chance or skill, with implications on the enforcement of the Unlawful Internet Gambling Enforcement Act. Here is the abstract:

In 2006, Congress passed the Unlawful Internet Gambling Enforcement Act (UIGEA), prohibiting the knowing receipt of funds for the purpose of unlawful gambling. The principal consequence of the UIGEA was the shutdown of the burgeoning online poker industry in the United States. Courts determine whether a game is prohibited gambling by asking whether skill or luck is the “dominant factor” in the game. We argue that courts’ conception of a dominant factor— whether chance swamps the effect of skill in playing a single hand of poker—is unduly narrow. We develop four alternative tests to distinguish the impact of skill and luck, and we test these predictions against a unique data set of thousands of hands of Texas Hold ‘Em poker played for sizable stakes online before the passage of the UIGEA. The results of each test indicate that skill is an important influence in determining outcomes in poker. Our tests provide a better framework for how courts should analyze the importance of skill in games, and our results suggest that courts should reconsider the legal status of poker.

View .pdf for full Article.

Now we’ll have to fend off the online gaming spammers inundating our comments….