writ of mandamus

Coeur d’Alene Tribe Wins Writ of Mandamus from Supreme Court of Idaho

Sarah M Donnelly

Opinion in Coeur d’Alene Tribe v. Lawrence Denney here.

Star Tribune article covering decision here.

The Supreme Court of Idaho ruled in the Coeur d’Alene Tribe’s favor yesterday when it ordered the Secretary of State to put in effect S.B. 1011.  The bill repeals a section of Idaho code enacted in 2013 that permitted wagering on “historical” horse races.  That law led to millions being invested in racing machines at non-Indian racetracks, but the Tribe and other critics claimed they were more similar to slot machines illegal under Idaho law.

The repeal went before the Governor on March 30, 2015.  However, he did not veto the bill until April 6, after the constitutionally mandated 5-day deadline.  Despite the violation, Idaho’s legislature took a vote to override the veto but it did not get a supermajority and the Secretary of State refused to certify the bill into law when the Tribe requested.

Alabama Supreme Court Finds Purchasing Dram Shop Insurance Waives Sovereign Immunity

Kate Fort2 Comments

Writ of Mandamus denied without opinion, but the concurring opinion is here.

Because the Poarch Band has structured its
Tribal Code to prevent dram-shop claims from being heard in
the tribal court, its claim of immunity from a state-court
action is accordingly diminished.

***

Because PBCI’s formal covenant to assume financial
responsibility in dram-shop actions constitutes an explicit
waiver of its sovereign immunity from liability for such
actions, I concur in denying PBCI’s petition for a writ of
mandamus ordering the trial court to dismiss this action on
the ground of tribal immunity.