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.

California Trial Court Dismisses Claims on Timbisha Bank Accounts, Citing Tribal Immunity

Here is the opinion: Canyon National Bank v Timbisha Shoshone Tribe

An excerpt:

Thus, the Court concludes that sovereign immunity bars it from exercising jurisdiction over the Tribe. Nevertheless, the Beaman Faction would have the Court find that it could exercise jurisdiction over the Kennedy Faction to resolve this case. The Kennedy Faction contends that its members are protected by sovereign immunity. The Court need not resolve this issue. Because it cannot exercise jurisdiction over the Tribe, it cannot hear the interpleader action: to hear such an action all potential stakeholders must be parties. California Code of Civil Procedure section 386(b) provides “Any person, firm, corporation, association or other entity against whom double or multiple claims are made, or may be made, by two or more person which are such that they may give rise to double or multiple liability, may bring an action against the claimants to compel them to interplead and litigate their several claims.” The statute does not permit an action against only some of the claimants for an obvious reason: the purpose of the statute is to permit the stakeholder to require all of the competing claimants to litigate their claims. Without all of the competing claimants being joined in the litigation, a court could not determine which was entitled to the funds. Obviously, a court cannot adjudicate the rights of parties who are not before it. Holloway v. Thiele (1953) 116 Cal. App. 2d 68, 74. Here, without the Tribe being a litigant, the Court does not have all of the potential claimants before it-indeed, it is lacking the most important litigant, the one in whose name the other parties claim to have the authority to act-and thus cannot adjudicate the competing claims.

Runyon v. River Rock Entertainment Authority–Tribal Immunity Forecloses Employment Arbitration

Here is the unpublished opinion from the California Court of Appeals. River Rock is owned by the Dry Creek Rancheria Band of Pomo Indians.

Oglala Sioux Tribe Ordered to Arbitration in Service Agreement Dispute with Alltel (AT&T)

Here are the materials in Alltel v. Oglala Sioux Tribe (D. S.D.):

Alltel Service Agreement

Tribal Court Order Denying Alltel Motion to Dismiss

Alltel Motion for PI

OST First Motion to Dismiss

OST Second Motion to Dismiss

DCT Order on Arbitration

Ninth Circuit Dismisses ICRA Claim against Salt River

Here is the unpublished decision in Fields v. Salt River Pima Maricopa Indian Community.

Bolt v. Iowa Enterprises — Immunity from Title VII Claim

Here are the materials in this case from the Western District of Oklahoma:

DCT Order Dismissing Bolt Claim

Iowa Enterprises Motion to Dismiss

Bolt Response

Iowa Enterprises Reply

Iowa Tribe Employee Motion to Dismiss

Bolt Response to Employee

Section 1983 Claim Against Tribe Fails

Here is the opinion from the Eastern District of California (via a magistrate judge): Clark v Rolling Hills Casino.

Hoffman v. Sandia Resort and Casino — Immunity from Jackpot Claims

Here is the opinion in January from the New Mexico Court of Appeals in Hoffman v. Sandia Resort and Casino (apparently the New Mexico Supreme Court denied review just recently). The claim involved a false jackpot, and the plaintiff had tribal remedies.

Cert Stage Reply Brief in Jeffredo v. Macarro (Pechanga Disenrollments)

Here: Jeffredo Cert Stage Reply Brief

Other materials are here.

Wyandotte Tribe Immunity Defense “Premature” in EEOC Charge

Here are the materials so far in Gonzales v. 7th Street Casino (D. Kan.):

Casino Motion to Dismiss

DCT Order Requiring Supplemental Briefing

Apparently, the Wyandotte Tribe’s business enterprise owns the casino, so it shouldn’t be a major issue. Not sure why the district court is asking for additional briefing.