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Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19651 - Southwest Appraisal Group, LLC v. Administrator, Unemployment Compensation Act - Appellate Court Advance Release Opinions: AC38279 - Al Dente, LLC v....more

Courts Continue Trend of Recognizing Tribal Immunity in Bankruptcy Proceedings

by Holland & Knight LLP on

Judge Christopher S. Sontchi of the U.S. Bankruptcy Court for the District of Delaware (Court) issued a decision on Feb. 28, 2017, that has important – and positive – significance for Native American tribal governments, their...more

North Carolina Federal Court Holds That Arbitration Clause Requiring Panel To Render A Decision Within 30 Days Is Not...

by Carlton Fields on

In July, a federal court in North Carolina held that an arbitration provision which required the arbitration panel to reach a decision within thirty days of their selection was not unconscionable. Arising out of a dispute...more

Federal Court in North Carolina Holds That Impracticability of Arbitration Clause Which Required Decision Within 30 Days of...

by Pepper Hamilton LLP on

Tribal Casino Gaming Enterprise v. W.G. Yates & Sons Constr. Co., 2016 U.S. Dist. LEXIS 86100 (W.D. NC July 1, 2016) - Tribal Casino Gaming Enterprise (the “Casino”) contracted with joint general contractors, W.G. Yates...more

Fourth Circuit Rejects Motion to Compel Arbitration in FDCPA Putative Class Action

by Hinshaw & Culbertson LLP on

Hayes v. Delbert Servs. Corp., No. 15-1170, 2016 WL 386016 (4th Cir. Feb. 2, 2016) - In Hayes v. Delbert Servs., Corp.,the U.S. Court of Appeals for the Fourth Circuit held that an arbitration agreement between the...more

U.S. Supreme Court Rebuffs Tribe’s Bid for Equitable Tolling: Extraordinary Circumstances Causing Delayed Filing Must be Beyond a...

by Bryan Cave on

Concluding that the Menominee Indian Tribe of Wisconsin (the “Tribe”) failed to justify its untimely filing under the equitable tolling doctrine, a recent U.S. Supreme Court decision reaffirms stern limitations on the...more

No Damages for First Nations Blockade - Supreme Court of Canada Denies Leave to Appeal in Moulton Contracting Ltd.

by Bennett Jones LLP on

The Supreme Court of Canada recently denied leave to appeal in Moulton Contracting Ltd. v British Columbia, confirming the BC Court of Appeal’s decision (2015 BCCA 89) overturning an award of $1.75 million in damages against...more

CFPB Online Loan Suit Sent to California

by McGuireWoods LLP on

In the most recent development in the CFPB’s two-year-old lawsuit alleging unfair, deceptive, and abusive practices by several online lenders, on September 23, 2015, Massachusetts U.S. District Judge George O’Toole, Jr.,...more

Alberta Court Strikes Out Pleadings Challenging Validity of Oil and Gas Permits

by Bennett Jones LLP on

A challenge to the validity of oil and gas permits outside the judicial review process is a collateral attack and will be struck, the Alberta Court of Queen’s Bench held recently in Ominayak v Penn West Petroleum Ltd, 2015...more

Supreme Court Corner – Q3 2015

by DLA Piper on

In Kimble v. Marvel Entertainment, the Supreme Court upheld a long-standing precedent that restricts the ability of a patent holder to charge a royalty beyond the term of a patent. In a 6-3 decision, the Court declined to...more

Despite Changing Economic Reality, Federal Court Holds Indian Tribes Have Sovereign Immunity in Bankruptcy, Absent Waiver

by Snell & Wilmer on

As the Indian gaming industry continues to thrive, Indian tribes are increasingly engaging in other commercial endeavors including banking, construction, energy, telecommunications, manufacturing, retail and more. Based on a...more

5th Circuit Vacates Arbitration Award Conducted By Wrong Arbitrator Under Wrong Rules

Let’s say your arbitration agreement calls for arbitration administered by JAMS under JAMS rules, but the arbitrator is independent and applies AAA rules, over one party’s objection.  A new decision from the Fifth Circuit...more

Tribes Should Beware of Dissent in High Court Ruling, Lawyers Say

by GableGotwals on

Native American tribes shouldn’t celebrate too heartily after a victory at the U.S. Supreme Court by the Bay Mills Indian Community, Oklahoma lawyers said. Tribal lawyers Michael McBride III with Crowe & Dunlevy and...more

Federal Court Limits Tribe’s, Secretary’s Options When States Balk at Gaming Compact

A federal district court in New Mexico has issued a decision finding that the U.S. Department of the Interior’s regulations permitting the Secretary of the Interior to adopt Class III gaming procedures for a tribe lacking a...more

Second Federal Circuit Court Refuses To Enforce Arbitration By South Dakota Tribe

Using a different analysis, but reaching the same result as a recent decision from the Seventh Circuit, the Eleventh Circuit agreed that a defendant could not compel arbitration of consumer claims before the Cheyenne River...more

Seventh Circuit Finds Tribal Arbitration Is Unreasonable and Unconscionable

In a victory for advocates who worry that the odds are impossibly stacked against consumers in some arbitral fora, the Seventh Circuit found that a class of borrowers did not have to proceed with arbitration conducted by the...more

Supreme Court Affirms in Michigan v. Bay Mills Indian Community: Don’t Roll the Dice with Tribal Sovereign Immunity

by K&L Gates LLP on

The U.S. Supreme Court’s recent decision in Michigan v. Bay Mills Indian Community is a reminder to a broad range of entities, including energy companies, financial service providers, and state and local governments, that...more

Pojoaque’s Plan to Seek an Imposed Contract: Is Interior’s Process Consistent with IGRA?

by Dickinson Wright on

The Pueblo of Pojoaque needs a new Class III gaming compact by June 2015 in order to continue operating its casinos which are located north of Santa Fe. However, the Pueblo objected to the financial concessions being demanded...more

Implications of the Supreme Court Decision on Aboriginal Title

by Bennett Jones LLP on

On June 26, 2014, the Supreme Court of Canada delivered a unanimous decision in Tsilhqot'in Nation v British Columbia, 2014 SCC 44. The decision marks the first time that Aboriginal title has been granted – until now, the...more

Gaming Legal News - June 2014 • Volume 7, Number 10

by Dickinson Wright on

In This Issue: - INDIAN COUNTRY AWAITS 9TH CIRCUIT’S EN BANC REHEARING IN BIG LAGOON CASE: In January, a split 9th Circuit panel shocked Indian Country with its holding in Big Lagoon Rancheria v. California that...more

Recent Supreme Court Decision Reaffirms Tribal Sovereign Immunity for Commercial Activities Conducted Off-Reservation

by PilieroMazza PLLC on

In 1998, the U.S. Supreme Court confirmed that, absent a waiver or Congressional action to the contrary, the doctrine of tribal sovereign immunity applies to lawsuits arising from a tribe’s commercial activities, even if they...more

The Hualapai Grand Canyon Disputes Continue

by Dickinson Wright on

The Hualapai (pronounced wah-lah-pie) Tribe has about 2,300 members, 1,300 of whom live on the Tribe’s northwest Arizona reservation. The enormous reservation borders the Colorado River and includes portions of the West Rim...more

Tribal Sovereign Immunity Protects Payday Lenders From State Enforcement

by Allen Matkins on

Last year, the Commissioner of Business Oversight issued several alerts warning consumers that it has received complaints with respect to unlicensed firms offering payday (deferred deposit) loans in California. The common...more

The Illusion of Federal Jurisdiction in Tribal Contracts

by Dickinson Wright on

Contracts with Indian tribes should specify a venue for disputes arising from those agreements. A common mistake for attorneys drafting agreements involving tribes is to assume that federal courts automatically have subject...more

Gaming Legal News - October 2013 • Volume 6, Number 23

by Dickinson Wright on

In This Issue: - WAR GAMES IN WISCONSIN (2013 STYLE): Wisconsin is home to 11 recognized Indian tribes. It is a fact that 11 tribes will not unanimously agree on all issues. It also is a fact that not all issues...more

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