News & Analysis as of

Tribal-State Gaming Compacts

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

Lewis v. Clarke And The Failed Expedition To Secure Tribal Rights: SCOTUS Rules Against Tribal Employee Immunity

by Fisher Phillips on

The U.S. Supreme Court unanimously ruled yesterday that tribal sovereign immunity does not apply to employees who are sued in their individual capacities, even if the alleged wrongdoing occurs while the employee is acting...more

Pending Alabama Tax Legislation (2017 Regular Session) State and Local Tax Alert: Alabama Edition

The House and Senate have each met a total of six legislative days thus far. There are therefore 24 legislative days remaining in the 2017 Regular Session. The House will reconvene on Tuesday, February 28 at 1:00 p.m. The...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

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

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

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

Massachusetts Gaming Update: Commission Rejects Application for Resort Casino in Brockton

by Goodwin on

The wait is over and the decision is in. On Thursday, April 28, the Massachusetts Gaming Commission voted 4-1 against awarding a commercial license to Mass Gaming & Entertainment, LLC to build a resort casino in Brockton....more

On Your Mark, Get Set, Build!

by Goodwin on

It has been nearly five years since Massachusetts legalized casino gambling, but the state is still without an operating resort casino. The Mashpee Wampanoag Tribe, MGM Resorts International, and Wynn Resorts are all chomping...more

If Two’s A Party, Is Three A Crowd? MGC Community Hearing on Proposed Brockton Casino

by Goodwin on

The Massachusetts Gaming Commission (“MGC”) hosted a community meeting on March 1, 2016 to hear public input regarding Mass Gaming & Entertainment, LLC’s proposal to build a $677 million commercial casino in Brockton. As...more

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

by Dickinson Wright on

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

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

by Ifrah PLLC on

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

En Banc Ninth Circuit Ruling Restores Certainty to Federal Recognition of "Indian Lands"

by Faegre Baker Daniels on

On June 4, 2015, the Ninth Circuit Court of Appeals issued its en banc decision in Big Lagoon Rancheria v. California, a case in which Big Lagoon Rancheria, a federally recognized Indian tribe, sought to compel the State of...more

Gaming Legal News: Volume 8, Number 5: North Fork Tribe Sues State For Compact In Latest Chapter Of Gaming Saga

by Dickinson Wright on

By the summer of 2014, it appeared that the North Fork Rancheria of Mono Indians of California had finally made it over the last hurdle to begin construction of a Class III casino with 2,000 slot machines and 40 gaming tables...more

New California Internet Poker Bills Seek Political Compromise and Consensus, But May Further Divide Stakeholders in the Absence of...

by Snell & Wilmer on

Efforts to pass online poker legislation in California have failed for years, in large part due to the failure to achieve consensus on the most critical issues affecting stakeholders. California is now poised to consider new...more

Gaming Legal News - Volume 8 Number 1: Idaho Tribes And Community Leaders Seek To Limit "Instant Racing" Gaming Machines

by Dickinson Wright on

A popular and profitable form of gaming has sparked a controversy in Idaho between the state’s Indian tribes and horse racetracks. "Instant Racing" video slot machines replay the last seconds of horse races run in the past,...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

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

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

Compact Between Mashpee Wampanoag Tribe and Gov. Deval Patrick Approved by Default

by Goodwin on

The federal Bureau of Indian Affairs allowed the 45-day review period to lapse without issuing a decision, thereby approving a compact between the Mashpee Wampanoag Tribe and Gov. Deval Patrick for a $500 million casino in...more

Governor Appoints New Director of Arizona Department of Gaming; Agency Continues Enforcement Actions

by Dickinson Wright on

On December 11, 2013, Governor Jan Brewer named Daniel Bergin as the new Director of the Arizona Department of Gaming. Bergin had been serving as Acting Director of the Department since September, when former Director Mark...more

Amending the Oklahoma model Tribal Gaming Compact

by GableGotwals on

The recent “settlement agreement” between the Cheyenne-Arapaho Tribes and the Governor of Oklahoma (Exhibit A hereto) has revived interest in amendment of the terms of the Model Tribal Gaming Compact (the “Compact”) (Exhibit...more

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