On June 10, 2024, the Ninth Circuit entered an opinion finding that the Choctaw Nation had expressly waived its sovereign immunity against arbitration, determining that the contractual provision between the Nation and...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
On January 31, 2024, the United States Department of the Interior issued gaming procedures under the Federal Indian Gaming Regulatory Act (“IGRA”) for five tribes located in California: Blue Lake Rancheria, Chemehuevi Indian...more
In the wake of the Supreme Court’s decision in Jack Daniels Properties Inc. v. VIP Products LLC, 599 U.S. 140 (2023), the Ninth Circuit reversed its earlier decision affirming that a publication called Punchbowl News did not...more
In an order filed on June 27, 2023, the Arizona District Court determined that a wireless provider co-owned by the Navajo Nation was not immune from suit in federal court. In Tsosie v. N.T.U.A. Wireless LLC, et al.,...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
In the age of instant social media, there is a tendency to immediately threaten or actually initiate litigation to stop activities deemed as limiting political activity. Many states have what are called anti-SLAPP...more
The Executive Director of the Texas Racing Commission has issued a policy statement requiring all occupational and business licensees to obtain approval for the import and export of pari-mutuel simulcast signals. The...more
The U.S. Supreme Court issued an opinion on April 21 addressing the regulation of “off-premises” signs, holding that such regulations are not subject to strict scrutiny under the First Amendment.
City of Austin v. Reagan...more
The U.S. Supreme Court recently granted a petition for writ of certiorari to review the extent to which a work of art is a “transformative” fair use under the Copyright Act. The Court will review a Second Circuit decision...more
For the first time in nearly twenty years, the Arizona Court of Appeals last week weighed in on Arizona’s equine activity liability statute, finding that a form signed by participants before a trail ride did not qualify as a...more
Bob Baffert, the trainer of this year’s Kentucky Derby winner Medina Spirit, announced on May 9, 2021, that the Kentucky Horse Racing Commission informed him that Medina Spirit allegedly tested positive for 21 picograms of...more
Last week, the Department of the Interior issued Memorandum M-37069 regarding the Secretary of the Interior’s land into trust authority in Alaska, in keeping with the current administration’s expressed priority of recognizing...more
The Secretary of the Interior issued Order Number 3400 on April 27, concerning the delegation of authority for non-gaming fee-to-trust land acquisitions concerning off-reservation Tribal lands.
The Department of...more
A new federal lawsuit filed earlier this week challenges the Horseracing Integrity and Safety Act (“Act”), which was a bi-partisan bill, enacted on December 27, 2020. 15 U.S.C.A. § 3051, et seq (West). The Act establishes...more
Contractors and suppliers are sometimes challenged to secure a claim for past due payment with a lien on the project, all subject to lien laws that vary throughout the United States. In Arizona, as in most states, the...more
In an opinion published February 25, 2019, the Arizona Supreme Court held that Maricopa County’s surcharge on car rental agencies to fund a stadium and other sports- and tourism-related projects did not violate either the...more
4/26/2019
/ AZ Supreme Court ,
Car Rentals ,
Commerce Clause ,
Department of Revenue ,
Public Projects ,
Sports ,
State Constitutions ,
State Funding ,
Statutory Authority ,
Surcharges ,
Tax Revenues