Indian Gaming

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Gaming Legal News: Volume 8, Number 17: Enterprise Rancheria Ready To Construct Class II Casino

California’s Estom Yumeka Maidu Tribe, also known as Enterprise Rancheria, has said it will begin construction of a scaled-down Class II gaming facility in Yuba County, instead of the Class III facility that has been opposed...more

A Tribal Financial Executive’s Guide to Deferred Per Capita Plans

With the top tax bracket at nearly 40 percent, Indian tribes making substantial per capita distributions are asking what they can do to reduce their members’ tax liabilities. One option to consider is a deferred per capita...more

Captain Obvious Makes Landmark Ruling: Texas Hold ‘Em Is Poker

Texas Hold ‘Em is poker. This probably doesn’t come as a surprise to most, but the pronouncement was a serious disappointment to an Idaho casino. The Ninth Circuit U.S. Court of Appeals ruled this week that the Coeur d’Alene...more

Gaming Legal News: Volume 8, Number 14: The Intersection Of Federal Labor Law, Tribal Gaming And A Deep Division Within Two Sixth...

Two separate three-judge panels of the United States Court of Appeals for the Sixth Circuit have rendered labor law decisions concerning Indian casinos in Michigan only 22 days apart. While each of the panels ruled that the...more

NC Legislative Update for July 2015 #2

This Week - After a week-long summer recess, lawmakers returned to Raleigh to resume the business of the State. The House finally appointed budget Conferees on Tuesday, nearly a month after receiving the Senate version...more

Casino City Press Releases 2015 Indian Gaming Industry Report

Dr. Alan Meister has released his 2015 Indian Gaming Industry Report. This is the thirteenth edition of the Report and is widely regarded as the best source for the state of the Indian gaming industry, which has grown to...more

Gaming Legal News: Volume 8, Number 9

SHOULD THERE BE A “LEGISLATIVE SOLUTION” TO DISPUTED INDIAN TRUST APPLICATIONS? Recent actions in Arizona and Indiana suggest that there is a new approach to local government opposition to Indian tribal applications for...more

Wisconsin Indian Tribe Prevails – State Cannot Ban Electronic Poker on Reservation

The U.S. Court of Appeals for the Seventh Circuit has overturned a federal district court ruling that had permitted the State of Wisconsin to prohibit the Ho Chunk tribe from offering electronic poker on its reservation...more

The Definitive Guide To Igaming In The United States

In this issue: - Introduction - Business Opportunities In Igaming - The Critical Role Of The Land-Based Casinos - As Conduits For Igaming - As Partners With Igaming Operators -...more

Gaming Legal News: Volume 8, Number 8

The Dance Known as “Texas Two Step” - The two-step is a partner dance, consisting of a “leader” (traditionally a man) and a “follower” (traditionally a woman). The leader determines the movements and patterns of the...more

Californian court puts tribal online bingo website on ice

A Native American tribe’s attempt to launch an internet bingo website has faced setbacks following a recent court order temporarily restraining the site’s operation. In its decision, the Court made a number of important...more

Legal Developments in Indian Country in 2014

2014 was a year that featured many positive legal developments for tribes. From the favorable Supreme Court decision in the Bay Mills case written by Justice Sotomayor (who continues to be a leader on the Court for tribal...more

California Court Grants TRO Against Iipay Nation in Online Bingo Case

On December 12, 2014, Judge Anthony Battaglia of the U.S. District Court for the Southern District of California granted the State of California’s Motion for a Temporary Restraining Order (TRO) against the Iipay Nation of...more

Gaming Legal News: Volume 7, Number 12: Department Of Justice Files Suit Against Santa Ysabel Tribe’s "Desert Rose Bingo" Site

On December 3, United States Department of Justice attorneys filed a complaint in federal court seeking to prevent the Iipay Nation of Santa Ysabel, a federally recognized Indian tribe near San Diego, from continuing to...more

Proposition 48: A North Fork in the Road for Tribal Casinos

Continuing our series on the 2014 California election ballot, we now turn to Proposition 48, the Referendum on Indian Gaming Compacts. If voters approve the referendum November 4th, Native American tribes may be able...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

Tribe’s Gamble That Casino Land Transfer Approval Not Subject to CEQA Pays Off

Picayune Rancheria of Chukchansi Indians v. Brown, C074506 (9/24/2014) - In a recent Third District Court of Appeal published opinion, the court in Picayune Rancheria of Chukchansi Indians v. Edmund G. Brown, Jr. (3rd....more

Governor Brown Is Not CEQA “Public Agency,” Holds Third District In Indian Casino Case

In a published decision filed September 24, 2014, the Third District Court of Appeal (per Justice Robie) held that CEQA’s definition of a “public agency” that is subject to its requirements (see Pub. Resources Code, § 21063)...more

Negotiating with a Tribe or Tribal Entity: Practical Tips for Franchisors

Indian gaming has exploded in the more than twenty-five years since Congress passed the Indian Gaming Regulatory Act (IGRA). According to the 2014 Casino City’s Indian Gaming Industry Report, Indian tribes received $28.1...more

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

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?

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

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

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

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 the State’s failure to negotiate in good faith for a tribal-state gaming compact with the Big Lagoon...more

FinCEN Doubles Down on Casinos with Heightened Regulatory Expectations - Casino Managers and Tribal Gaming Commissioners Need to...

For the second time in nine months, Financial Crimes Enforcement Network (FinCEN) Director Jennifer Shasky Calvery has publicly addressed FinCEN's increasing concerns regarding casino compliance with the Bank Secrecy Act...more

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

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

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