Category Archives: IGRA

Decision in Tulalip Tribes v. Washington

Opinion here. Previous coverage here. Our conclusion is consonant with our instruction in Shoshone-Bannock Tribes that courts should hold compacting parties to the ordinary meaning of terms in their agreements. Id. at 1098–100. The plain language of the Spokane Compact … Continue reading

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NIGC Prevails in Dispute with City of Duluth over the Fond du Luth Casino

The D.C. District Court granted the NIGC’s motion for summary judgment and dismissed the City’s APA challenge to the Fond-du-Luth NOV. Here is the order in City of Duluth v. National Indian Gaming Commission (D. D.C.): APA case — District … Continue reading

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Oklahoma v. Hobia Cert Petition

Here: Petition for a Writ of Certiorari (as filed) Question presented: Does Michigan v. Bay Mills Indian Community, 134 S.Ct. 2024 (2014), require the dismissal of a State’s suit to prevent tribal officers from conducting gaming that would be unlawful … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Research, sovereign immunity | Tagged , , , , , , , , , , , , , , | Leave a comment

North Fork Rancheria Sues California Alleging Violation of IGRA Good Faith Negotiation Obligation

Here is the complaint in North Fork Rancheria of Mono Indians of California v. State of California (E.D. Cal.): 1 Complaint An excerpt: The Indian Gaming Regulatory Act (“IGRA”) requires states, upon request by an Indian tribe, to “negotiate with … Continue reading

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Sault Tribe Motion to Dismiss Michigan Gaming Suit

Here are the new materials in the case captioned State of Michigan v. Payment (W.D. Mich.): 2015-03-20 Brief in Support of Defendant’s Motion to Dismiss Amended Complaint 2015-03-20 Defendant’s Motion to Dismiss Amended Complaint The state’s amended complaint is here.

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Michigan Indian, Research, sovereign immunity | Tagged , , , , , , , , , , , , , , , , , , | Leave a comment

Kansas Sues NIGC over Quapaw Indian Lands Opinion

Here is the complaint in State of Kansas v. National Indian Gaming Commission (D. Kan.): 1 Complaint An excerpt: In this action, the Plaintiffs challenge and seek relief from the November 21, 2014 determination of National Indian Gaming Commission (NIGC) … Continue reading

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Ysleta del Sur Pueblo Held in Contempt over Gaming

Order here. Materials here.

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Massachusetts Gaming Claims against Wampanoag Tribe of Gay Head Survive Motions to Dismiss; Counterclaims Do, Too

Here are the updated materials in Commonwealth of Massachusetts v. Wampanoag Tribe of Gay Head (Aquinnah) (D. Mass.): 65 Massachusetts Opposition to Rule 19 Motion 67 Aquinnah-Gay Head Community Opposition to 11th Amendment Motion to Dismiss 71 Wampanoag Tribe of Gay … Continue reading

Posted in Author: Matthew L.M. Fletcher, gaming, IGRA, Indian gaming, Research, sovereign immunity | Tagged , , , , , , , , , , , | Leave a comment

Guest Post: Bill Rastetter on Judge Enslen

From long-time Grand Traverse Band counsel Bill Rastetter on the passing of Judge Enslen: Writing this helps me to reflect upon not just Richard Enslen but also the two other Western District judges appointed by Jimmy Carter — all of … Continue reading

Posted in Bureau of Indian Affairs, Guest Post: Bill Rastetter, IGRA, Indian gaming, Michigan Indian, treaty rights | Tagged , , , , , , | 1 Comment

Forest County Potawatomi Complaint re: Denial of Class III Gaming Compact — And Commentary

The Forest County Potawatomi Community has filed a complaint against the Department of the Interior over the disapproval of its gaming compact – the latest development in the Menominee Tribe’s efforts to develop a class III gaming facility in Kenosha, Wisconsin. … Continue reading

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