Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
The United States Supreme Court will consider whether to review the legality of the Washington tribal gaming compacts as a result of a petition for writ of certiorari (cert) filed in the lawsuit, Maverick Gaming LLC v. United...more
In a victory for the Washington gaming tribes, the United States Supreme Court denied Maverick Gaming LLC’s (Maverick) petition for a writ of certiorari (cert) in upholding the Ninth Circuit’s decision in Maverick Gaming LLC...more
Earlier this month, the State of California (the State) and Governor Gavin Newsom filed a complaint in the U.S. District Court for the Northern District of California seeking to vacate the Department of the Interior’s (the...more
The State of Alaska (the “State” or “Alaska”) is asking a D.C. federal judge to bar an Alaska Native tribe from operating a gaming hall in Anchorage while the State challenges federal authorization for the facility. The State...more
The State of Alaska (the State) has embarked on a significant legal journey, filing a lawsuit against the United States Department of the Interior (DOI) and the National Indian Gaming Commission (NIGC). This lawsuit...more
Nearly one hundred (100) “[d]efendants brazenly profit from illegal gambling” in California, according to a legal complaint filed by seven (7) casino-owning Native American tribes in the Superior Court of California in...more
The U.S. Department of the Treasury and IRS on Sept. 17, 2024, issued Proposed Regulations on the Tribal General Welfare Exclusion Act of 2014 (the Act). The Proposed Regulations are an overdue win for Indian country,...more
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