Sandia Pueblo Cert Opposition in Hoffman Jackpot Case

Here: Sandia Cert Opp.

Petition and other materials here.

Still More on Martin v. Little River Band — State Court Claims

Here are the materials in Martin v. Little River Band in Manistee County Circuit Court (apparently, there is a hearing Monday on the motion to dismiss):

Complaint

answer & motion to dismiss

answer – rest of exhibits

martin resp tribes msd

Important Michigan Tribal Court Decision re: Civil Rights, Judicial Immunity, and the Awarding of Attorney Fees

Here is the decision in Joseph Martin v. Little River Band of Ottawa Indians from the Little River Band Tribal Court (Judge Bill Brott, sitting pro tem): Martin v. LRB.

Interesting Indian Law Claims in Property Dispute in Maryland

In Reeves v. LaSalle Bank (Md. App.), Reeves is trying to avoid the loss of land to the bank on grounds that she deeded the land to the Delaware Nation. This is the second time the case has reached the Maryland appellate courts:

LaSalle v. Reeves 2007 Decision

Reeves Opening Brief

LaSalle Bank Brief

Reeves Reply Brief

Oklahoma State Trial Court Has Honored Federal Injunction in Eastern Shawnee Case

Yesterday, July 2, according to Michael McBride. Here is the federal injunction at issue:

Judgment Confirming Arbitration Award in Favor of ESTOO 07-01.

Federal Sexual Harassment Claims against Miss. Band Choctaw Dismissed

Here are the materials in Copeland v. Mississippi Band of Choctaw Indians dba Silverstar Casino (S.D. Miss.):

DCT Order Dismissing Copeland Complaint

Mississippi Band Motion to Dismiss

Tribal Court Record Part 1

Tribal Court Record Part 3

Eastern Shawnee Tribe Also Awarded Injunction against Oklahoma Courts in Gaming Compact Disputes

Here is the opinion: Eastern Shawnee Tribe v. State of Oklahoma.

The Tribe’s motion for summary J and its complaint were posted earlier today here.

Choctaw and Chickasaw Nations Win Injunction against Oklahoma Courts for Accepting Jurisdiction over Claims under their Gaming Compact

Here is the order in Choctaw Nation and Chickasaw Nation v. State of Oklahoma (W.D. Okla.): choctawchickasaworder.

If you’ll recall, the Oklahoma Supreme Court in a series of cases held that state courts were “courts of competent jurisdiction” to take jurisdiction over tort claims brought under a Class III gaming compact approved by Oklahoma voters and, later, several Oklahoma tribes.

Oklahoma tribes (with the State consenting) then invoked the arbitration provision of the compacts, arguing the Supreme Court had violated the terms of the compact. They were successful.

This federal suit followed. Very interesting case.

Federal Court Slip and Fall Action against Eastern Band Cherokee Dismissed

Here is the opinion in Madewell v. Harrah’s (W.D. N.C.): DCT Order Dismissing Slip and Fall Claim

Cert Petition on Hoffman v. Sandia Resort and Casino

Available here, on Mr. Hoffman’s website. here:

Hoffman petition

UPDATE: Incidentally, Hoffman’s attorney apparently is the same Paul Livingston who challenged the Santa Fe Indian Market all those years ago in Livingston v. Ewing, known to (according to an anonymous source) “rant[] in local right wingnut rags about abolishing Indian law.”

Lower court materials here. Local TV coverage here, via Pechanga.

Questions presented:

1. Whether the doctrine of tribal immunity properly bars claims that an Indian Casino cheated a non-Indian gambler by refusing to pay a slot machine jackpot?

2. Whether the “property damage” under the waiver of immunity in Section 8 of the Tribal Gaming Compact applies only to physical damage to property?

As you might suspect, I give this petition very little chance. I would doubt any response is necessary. There’s no split in authority and the case isn’t important on a national level. As for question 1, I am always suspicious of claims that Indian casinos have cheated gamblers because casinos LOVE IT when there’s a jackpot — it means that everyone and their brother is going to show up at that casino to replicate the magic. And question 2 is just patently frivolous.