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Judicial Review and Agency Deference Through a Tribal Lens

Recent litigation to determine the status of the Shiloh parcel for the Koi Nation of Northern California (Koi) could result in resounding implications for tribal gaming, including the Department of Interior (DOI)...more

Banned, Fined, and Redefined: The 2025 State Crackdown on Online Sweepstakes

Recent events around the country indicate that online sweepstakes are facing increasing scrutiny and concerns from legislatures, regulators and others. “Montana just criminalized everyday digital promotions with a law so...more

Supreme Court Review Sought for Legality of Washington Tribal Gaming Compacts

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

U.S. Supreme Court Denies Tribal Gaming Compact Challenge and Protects Tribal Sovereignty

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

California Challenges Interior’s Trust Acquisition for Koi Nation Casino

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

Morongo Band v. California: Reexamining Impermissible Compact Provisions

California has become a battlefield for state versus tribal governance. As of May 6, 2025, the Morongo Band of Mission Indians (Morongo Band), a federally recognized Indian Tribe located in the State of California, filed suit...more

Alaska’s Legal Challenge to Tribal Gaming

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

Two More Tribes Enter Suit Over California Card Rooms’ Banked Games

“Defendants [California card rooms] operate, participate in, and facilitate illegal gambling,” according to a complaint filed on April 1, 2025, by the Rincon Band of Luiseno Indians (the Rincon Band) and the Santa Ynez Band...more

Lexington Insurance Company v. Suquamish Tribe: A Landmark Case on Tribal Jurisdiction, Signifying a Pivotal Moment in Legal...

The case of Lexington Insurance Company v. Suquamish Tribe has emerged as a pivotal legal battle concerning the extent of tribal jurisdiction over nonmembers. This case, which has reached the Supreme Court, challenges the...more

State of Alaska Sues U.S. Government Over Native Gaming Decision

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

Trump Moves to Advance Federal Recognition of the Lumbee Tribe

In a historic move, President Donald J. Trump has signed a presidential memorandum directing the Secretary of the Interior to submit a plan to secure full federal recognition of the Lumbee Tribe of North Carolina. This...more

Seven California Tribes Sue California Card Rooms Over Banking Mechanisms for Card Games

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

Nebraska Tribe Asks Supreme Court to Undo Tobacco Sales Ruling

A Nebraska tribe’s tobacco businesses are asking the U.S. Supreme Court to overturn the Eighth Circuit Court of Appeals’ ruling in HCI Distribution Inc., et al. v. Michael T. Hilgers, et al. This decision concluded that the...more

Ninth Circuit Upholds Tribal Court Jurisdiction in Lexington Insurance Dispute

In Lexington Insurance Co. v. Mueller, the Ninth Circuit Court of Appeals affirmed the district court’s decision regarding the jurisdiction of the Cabazon Reservation Court in a dispute between Lexington Insurance Company and...more

The Eleventh Circuit Finds Delegation Provisions Enforceable in Agreement to Arbitrate Implicating Tribal Law

On October 3, 2024, the Eleventh Circuit issued an opinion finding that arbitration agreements consumers entered into with a Tribal entity contained enforceable delegation provisions, meaning that an arbitrator, rather than a...more

Legal Battle Over Casino Development: Sault Ste. Marie Tribe of Chippewa Indians v. Debra A. Haaland

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

Court Vacates Decision to Take Downtown Juneau Land Into Trust for Tlingit & Haida Tribe

In a momentous legal development, U.S. District Court Judge Sharon L. Gleason has vacated and remanded a decision by the U.S. Department of the Interior (DOI) to place a 787-square-foot parcel of land in downtown Juneau into...more

The Ninth Circuit Finds Tribal Nation Waived Sovereign Immunity Through Arbitration Provision

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

Supreme Court Ruling Supports Tribal Healthcare Funding and Self-Determination

By Heidi McNeil Staudenmaier and Kelsey Haake  In a momentous decision on June 6, 2024, the U.S. Supreme Court delivered a resounding victory for Native American tribes. The Court ruled that the Indian Health Service (IHS)...more

Navigating Sovereign Immunity in Employment Termination Case

In the recent Arizona federal court case, Xia v. Harrah’s Arizona Corp., five individuals, Jie Xia, Necy Sundquist, Mary Grace Abon, Susan Samons, and Maria Henry (Plaintiffs), brought wrongful termination, discrimination,...more

Alaska Supreme Court Extends Tribal Sovereign Immunity: A Landmark Decision with a Far-Reaching Impact

In a significant legal development, the Alaska Supreme Court recently expanded tribal sovereign immunity to include tribal consortiums, overturning a precedent set two decades ago. The groundbreaking decision of Ito v. Copper...more

Louisiana Bans Prop Bets for Betting Integrity and Athlete Safety

Just before the University of Connecticut’s and the University of South Carolina’s wins in March Madness, Louisiana issued a major change to college sports betting. Starting August 1, 2024, Louisiana’s Gaming Control Board...more

Property Owned by Non-Indians and Located on Tribal Land Is Subject to Property Tax

Generally, tribal lands held in trust by the federal government are exempt from state and local taxation under Section 5 of the Indian Reorganization Act of 1934 (the Act). However, when non-Indians are involved in ownership...more

A New Solicitor Opinion Revisits Tribal Jurisdiction Over Alaska Native Allotments

In the complex landscape of Indigenous rights and jurisdiction, the question of tribal authority over Alaska Native allotments has long been a subject of legal debate. The recent Opinion known as Partial Withdrawal of...more

United States District Court Finds California Failed to Negotiate Gaming Compact in Good Faith

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

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