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A Special Thank You to Suzan Shown Harjo

Today marks the 25th anniversary of the filing of the petition to cancel the R-Word registrations held by Pro-Football, Inc., the NFL franchise playing near the Nation’s capital....more

Struggle Over New Casino In Connecticut Continues Unabated

by Goodwin on

Just recently, Connecticut’s two federally recognized tribes released a letter from the Interior Department, their latest salvo in a struggle with MGM Resorts International over a new casino in the state. The letter has the...more

The Continuing Attack on Tribal Sovereign Immunity at the Supreme Court

by GableGotwals on

Immunity of tribal officers and employees from suit in state and federal court for tort liability should concern tribal governments engaged in gaming operations. Often, because of historical antecedents and general belief,...more

SCOTUS Explores Tribal Sovereign Immunity in Lewis and Clarke Fender Bender

by Snell & Wilmer on

On April 25, 2017, the U.S. Supreme Court issued a unanimous opinion in Lewis v. Clarke, a case involving tribal sovereign immunity. The Court held that when a tribal employee is sued in his or her individual capacity, that...more

Supreme Court Decides Lewis v. Clarke

by Faegre Baker Daniels on

On April 25, 2017, the Supreme Court decided Lewis v. Clarke, No. 15-1500, holding that an Indian tribe’s sovereign immunity does not bar a suit against a tribe official or employee, in their individual capacity, for acts he...more

The Supreme Court - April 26, 2017

by Dorsey & Whitney LLP on

Lewis v. Clarke, No. 15-1500: Petitioners Brian and Michelle Lewis were involved in an automobile accident with a limousine transporting patrons of the Mohegan Sun Casino, a casino operated by the Mohegan Tribal Gaming...more

Massachusetts Gaming Update: First Circuit Decision Allows Aquinnah Wampanoag Tribe a Second Shot at Martha’s Vineyard Casino

by Goodwin on

It’s ‘play on’ for the Wampanoag Tribe of Gay Head (Aquinnah). On April 10, a First Circuit Court of Appeals three-judge panel weighed in on the nearly three-and-a-half-year dispute between the Tribe and the Commonwealth, the...more

While the Slants are in the Spotlight, Chief Wahoo is on Deck

Throughout the past decade, attorneys, judges, plaintiffs, and defendants have invested thousands of hours in the fight over offensive trademarks. Most of the public is aware of the controversy surrounding the Washington...more

Six Tips for Tribal Governments to Reduce Tribal Member Taxes in 2017

by Holland & Knight LLP on

As the Republican-led Congress and White House move forward on the repeal of the Affordable Care Act (ACA) and major tax-reform legislation, there are several new opportunities that may benefit tribal governments and their...more

Federal Court Issues Permanent Injunction and Permanently Shuts Down Santa Ysabel’s Desert Rose Bingo

by Snell & Wilmer on

On December 12, 2016, Judge Battaglia of the United States District Court for the Southern District of California issued the Court’s long-awaited ruling on the State of California and Federal Government’s motions for summary...more

It’s Game Time for Tribe on Martha’s Vineyard

by Goodwin on

For the Wampanoag Tribe of Gay Head (Aquinnah), time may have finally run out on their continued efforts to operate a gaming facility on Martha’s Vineyard. Tomorrow, the United States Court of Appeals for the First Circuit,...more

Best Practices for Tribes When Faced with Union Organizing Activity

by Varnum LLP on

Earlier this year, the U.S. Supreme Court declined to hear a case involving a dispute between the Saginaw Chippewa Indian Tribe and the National Labor Relations Board (NLRB). The U.S. Supreme Court's decision effectively...more

The Legal Development of Indian Gaming in Oklahoma Since 1988

by GableGotwals on

For gaming lawyers and their clients, Indian gaming in Oklahoma effectively started with the enactment of the Indian Gaming Regulatory Act, (“IGRA”), 25 U.S.C. § 2701, et seq. in 1988. That statute gave rise to two main items...more

Massachusetts Gaming Update: The Mashpee Wampanoag Tribe’s Revised Game Plan

by Goodwin on

Tribal gaming may have endured a setback, but perhaps not a complete elimination in the Massachusetts gaming arena. When a U.S. District Court judge determined the federal government erred in approving the Mashpee Wampanoag...more

Supreme Court Benches Dan Snyder’s Team

Last week the U.S. Supreme Court agreed to hear Mr. Simon Tam’s arguments and review the Court of Appeals for the Federal Circuit’s majority decision striking as unconstitutional Lanham Act Section 2(a)’s bar against the...more

Supreme Court Set to Settle Dispute over Washington Redskins Trademark Registration

by Varnum LLP on

There has been another twist in the story of the long battle by Native American interest groups to obtain revocation of the U.S. registration of the infamous Washington Redskins trademark. This is another step in the 20-year...more

American Indian Tribes and Canadian First Nations: The Impact of Gaming Law and Policy on the Industry

by Snell & Wilmer on

In the United States, Indian gaming is a $29 billion industry, with some 240 American Indian tribes operating more than 450 gaming operations in 28 states. Alan Meister, Casino City’s Indian Gaming Industry Report (2016). In...more

Court Decisions Define the Future for Tribal Gaming

by Goodwin on

Definitions and syntax. Not only on middle school quizzes, but also what determined the fate of the Mashpee Wampanoag and Cowlitz tribal casinos in Massachusetts and Washington, respectively. Two federal court decisions...more

Arbitration award on tribal igaming with non-US players

by GableGotwals on

An arbitration award by a sole arbitrator recently approved a submission by the State of Oklahoma and the Iowa Tribe of Oklahoma as to the legality of internet gaming in which the server is located on Indian lands in Oklahoma...more

FinCEN Assesses Significant Penalty Against Casino for Bank Secrecy Act Violations

by Holland & Knight LLP on

The Financial Crimes Enforcement Network (FinCEN) assessed on July 15 a civil money penalty in the amount of $2.8 million against Hawaiian Gardens Casino Inc., d/b/a The Gardens Casino, for Bank Secrecy Act (BSA) regulatory...more

Supreme Court Declines to Consider Curtailing NLRB’s Authority over Michigan Tribal Casinos

by Varnum LLP on

Recently, two Michigan tribes petitioned the U.S. Supreme Court challenging the National Labor Relations Board's (NLRB) authority to regulate labor practices at their casinos. Unfortunately, the U.S. Supreme Court declined to...more

No Budding in Line Washington Redskins

In a case with special significance to our DuetsBlog crew (our founder Steve Baird started the fight to cancel the THE REDSKINS trademark registrations in 1992 – see more about the Harjo case here) and significant to...more

Ninth Circuit Holds National Indian Gaming Commission Not Required to Conduct NEPA Review Before Approving Casino Gaming Ordinance

by Nossaman LLP on

In Jamul Action Committee v. Chaudhuri, the United States Court of Appeals for the Ninth Circuit held that the National Indian Gaming Commission (Commission) did not violate the National Environmental Policy Act (NEPA) when...more

The Pursuit For An Island Casino

by Goodwin on

The Wampanoag Tribe of Gay Head (Aquinnah) continues its efforts to add casino bingo to the summer getaways and lobster rolls on Martha’s Vineyard. In November 2015, Massachusetts, the town of Aquinnah, and the Aquinnah/Gay...more

A Hail Mary to the U.S. Supreme Court? Owner of REDSKINS Marks Petitions for Hearing on Constitutionality of Section 2(a) of the...

Pro-Football, Inc., the owner of multiple U.S. service mark registrations for REDSKINS, REDSKINETTES, and WASHINGTON REDSKINS, took the somewhat unusual step last week of petitioning the U.S. Supreme Court for a writ of...more

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