Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
In a recent judicial decision involving the Sault Ste. Marie Tribe of Chippewa Indians, the Tribe has faced a setback in establishing a casino near Detroit, Michigan. The case of Sault Ste. Marie Tribe of Chippewa Indians v....more
Last week, in West Flagler v. Haaland, the U.S. Supreme Court dealt a major blow to opponents of online tribal sports betting, effectively affirming the D.C. Circuit’s rejection of a challenge to a compact between the...more
A gambling compact between the state of Florida and the Seminole Tribe of Florida, which allows for sports betting off tribal lands, will remain in place after the U.S. Supreme Court denied a petition for review filed by...more
After three long years, the Seminole Tribe of Florida, a leader in the fight for Tribal gaming rights, appears to have just won its latest battle – this one over a Tribe’s ability to offer mobile sports betting throughout the...more
In June, a federal court of appeals in Washington, D.C., authored a decision that could drastically alter the future of sports betting across the nation. In West Flagler Associates Ltd. v. Haaland (“West Flagler”), the court...more
On February 27, 2024, the District Court for the Eastern District of California entered an order finding that California did not negotiate a Class III gaming compact in good faith with Plaintiff Alturas Indian Rancheria...more
On February 16, 2024, the United States Department of the Interior (“DOI”) issued revisions to its regulations for how it reviews Class III Tribal-State Gaming Compacts under the Indian Gaming Regulatory Act (“IGRA”). The...more
In a recent decision, the New Mexico Supreme Court ruled in the case of Sipp v. Buffalo Thunder Inc. that state courts do not have the authority to adjudicate tort claims filed by casino visitors. The unanimous decision...more
On Oct. 25, 2023, the U.S. Supreme Court denied a request to extend the stay ordered in West Flagler Associates, Ltd. v. Haaland. It is unclear if any justice supported the request to extend the stay. This means that West...more
On Oct. 12, 2023, the U.S. Supreme Court ordered a stay on the District of Columbia Circuit’s ruling in West Flagler Associates, Ltd. v. Haaland. This stay will prevent, for now, the Seminole Tribe of Florida from accepting...more
In the past several months, various challenges have been made to federal programs and policies including tribal gaming support, the Small Business Administration (SBA) 8(a) program, the Minority Business Development Program...more
On June 30, 2023, the U.S. Court of Appeals for the District of Columbia Circuit reversed the district court’s ruling in West Flagler Associates, Ltd. v. Haaland. This will allow, at least for the present, the Seminole Tribe...more
There has been a recent decision on an interesting case involving a challenge to the ability of the federal government to provide benefits or rights to Tribes and other Native organizations....more
The U.S. District Court of Washington decided all bets are off for Maverick Gaming LLC regarding its challenge to tribal casinos. Last week, Judge David Estudillo dismissed Maverick’s suit, which challenged a state law...more
On February 10, 2023, the Honorable Judge Angel Kelley of the U.S. District Court of Massachusetts ruled that the U.S. Department of the Interior acted legally when it took into trust 321 acres of land (two noncontiguous...more
The Rincon Band of Luiseño Indians (“Rincon”) in California has taken a historical step under its federally approved Class III Secretarial Gaming Procedures to withdraw from California’s state oversight of its tribal gaming...more
Recent proposed regulations seek to streamline and reduce costs for tribal land into trust applications and clarify parameters for negotiation and approval of tribal-state gaming compacts. The administrative process by...more
In a 5-4 vote on Wednesday, June 15, the United States Supreme Court resolved a longstanding dispute about the ability of Texas to control gaming conducted by the Ysleta del Sur Pueblo Tribe (the “Tribe”). The case...more
Subscribe and listen to Proof in Trial here: https://proofintrial.lnk.to/series A journalist facing a jail sentence for protecting her sources; a Native American tribe fighting to reclaim their land; a software company...more
On June 15, 2022, the U.S. Supreme Court decided Ysleta del Sur Pueblo v. Texas, No. 20-493, holding that Texas cannot prohibit a federally recognized Native American tribe from engaging in certain gambling activities under...more
Viking River Cruises, Inc. v. Moriana, No. 20-1573: This case involves the Federal Arbitration Act’s (FAA) preemption of a California law invalidating contractual waivers of the right to assert certain representative claims....more
[NOTE: An earlier version of this post incorrectly stated California has “certified” the second sports betting initiative discussed herein. We have since updated the post to reflect that the second initiative merely secured...more
In a recent span of thirty days, the U.S. Department of Interior (DOI) and the Biden Administration announced no fewer than seven key policy proposals with the potential to greatly benefit tribes, tribal organizations and...more
On Tuesday, April 19, 2022, Maine’s state legislature passed L.D. 585 that will legalize retail and online sports betting throughout the state once signed by Governor Janet Mills. If enacted, the bill would give the state’s...more
On January 11, 2022, Maverick Gaming LLC (Maverick), a non-tribal cardroom and casino operator, initiated a lawsuit in D.C. federal court challenging Washington state’s sports betting framework, which grants...more