News & Analysis as of

Casinos Sovereign Immunity Supreme Court of the United States

Dorsey & Whitney LLP

The Supreme Court - February 27, 2018

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Merit Management Group, LP v. FTI Consulting, Inc., No. 16-784: Prior to filing for Chapter 11 Bankruptcy, Valley View Downs, which sought to operate a racetrack casino in Pennsylvania, transferred $55 million to its...more

Snell & Wilmer

SCOTUS Explores Tribal Sovereign Immunity in Lewis and Clarke Fender Bender

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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

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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

Stinson LLP

SCOTUS to Decide if Sovereign Immunity of an Indian Tribe Bars Individual Damages Actions

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The U.S. Supreme Court recently granted certiorari in Lewis v. Clarke. The Supreme Court will resolve a Circuit split about whether the sovereign immunity of an Indian Tribe bars individual-damages actions against tribal...more

Littler

The Sixth Circuit Extends the NLRA's Reach to Tribal-Owned Casinos

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The extent of the National Labor Relations Act's application to tribal-owned and operated enterprises on reservations is an open question in many circuits. Recently, two Sixth Circuit decisions resolved the question in favor...more

PilieroMazza PLLC

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

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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

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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

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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

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