News & Analysis as of

Casinos Sovereign Immunity Indian Gaming

Schwabe, Williamson & Wyatt PC

Case Challenging Political Classification of Natives Dismissed

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

Littler

Preemption’s Silver Lining: The NLRA Offers California Tribes a Shield Against State Labor Protections

Littler on

For over 20 years, the State of California has used tribal gaming compacts to accomplish what federal law and tribal sovereignty would otherwise forbid: forcing tribes to follow state labor law in their casinos.  Recently...more

Littler

New Mexico Supreme Court Holds Tribal Casino Immune from Workers’ Compensation Claims

Littler on

On January 16, 2020, the New Mexico Supreme Court issued its decision in Mendoza v. Isleta Resort and Casino, holding that a tribe does not waive its sovereign immunity to workers’ compensation claims merely by committing in...more

Snell & Wilmer

SCOTUS Explores Tribal Sovereign Immunity in Lewis and Clarke Fender Bender

Snell & Wilmer on

On April 25, 2017, the U.S. Supreme Court issued a unanimous opinion in Lewis v. Clarke, a case involving tribal sovereign immunity. The Court held that when a tribal employee is sued in his or her individual capacity, that...more

Littler

U.S. Supreme Court to Consider Tribal Sovereign Immunity Issue Related to Individual Tribal Employees

Littler on

The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke, (No. 15-1500) addressing the issue of whether the sovereign immunity of an Indian Tribe bars individual-damages actions against tribal employees for torts...more

Dickinson Wright

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

Dickinson Wright on

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

PilieroMazza PLLC

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

PilieroMazza PLLC on

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

Brownstein Hyatt Farber Schreck

Recent Supreme Court Decision Bars State from Suing Tribe Seeking to Operate an Illegal Off-Reservation Casino

On May 27, 2014, the Supreme Court ruled that under the Indian Gaming Regulatory Act (IGRA), states may only sue to enjoin a tribe from conducting class III gaming “on Indian lands.” Michigan v. Bay Mills Indian Cmty., 2014...more

Dorsey & Whitney LLP

U.S. Supreme Court Reaffirms the Doctrine of Tribal Sovereign Immunity in Bay Mills Decision

Dorsey & Whitney LLP on

On Tuesday, the U.S. Supreme Court issued a decision, highly anticipated by Indian tribes and Indian law practitioners, in Michigan v. Bay Mills Indian Community, et al. In a 5-4 split, the Court reaffirmed the doctrine of...more

Dickinson Wright

Sixth Circuit Grants Stay in Lansing, Michigan, Off-Reservation Casino Case

Dickinson Wright on

In an order issued on February 24, 2014, the United States Court of Appeals for the Sixth Circuit granted a stay of its decision in State of Michigan v. The Sault Ste. Marie Tribe of Chippewa Indians (Sixth Circuit Case No....more

Dickinson Wright

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

Dickinson Wright on

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...more

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