Gaming Legal News - December 20, 2012 • Volume 5, Number 28

In This Issue:

- Indian Gaming Issues To Watch In 2013

- Will The Ex Parte Young Doctrine Swallow Tribal Sovereign Immunity Whole?

- Detroit Casinos’ November Revenues Decrease From Save Month Last Year: Michigan Gaming Control Board Releases November 2012 Revenue Data

- Excerpt from Will The Ex Parte Young Doctrine Swallow Tribal Sovereign Immunity Whole?

Last Friday, the United States Court of Appeals for the D.C. Circuit rendered an opinion in Vann v. Dept. of Interior which threatens to eviscerate a central principal of Indian law – that Indian tribes enjoy sovereign immunity from suit – with a holding that, under the Ex parte Young doctrine, a plaintiff may proceed against Cherokee tribal officials without the consent of the Cherokee Nation. The opinion further allows suits against the United States affecting Indian tribal interests, which are traditionally barred by the tribe’s status as an indispensable but sovereign immune party, to proceed without the consent of the tribe simply by naming tribal officials.

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