Proof in Trial: Appellate Edition: Stand Up for California et al. v. U.S. Department of the Interior et al.
Currently, the Ysleta del Sur Pueblo and Alabama-Coushatta Tribes are regulated under both the Restoration Act and Indian Gaming Regulatory Act (IGRA), subjecting them to state and federal oversight, while all other federally...more
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
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
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
This week: the Ninth Circuit elaborates on the Indian Gaming Regulation Act’s “two-step determination” regarding the effects of a new casino on tribal land and clarifies when a post-certification class action settlement...more
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
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
The Seneca Nation of Indians moved under Section 10 of the Federal Arbitration Act (FAA) to vacate certain arbitration awards issued in favor of the state of New York, finding that Seneca must pay the state millions in...more
• With Democrats taking control of the U.S. House of Representatives, tax provisions affecting tribal governments and their members are once again on the table for discussion. • This notice provides an overview of seven...more
• President Donald Trump on Dec. 22, 2017, signed the Tax Cuts and Jobs Act, the first major overhaul of the U.S. tax system in over 30 years. • Although few of the enacted provisions are specific to Indian Country, several...more
Congress returned from the Thanksgiving holiday with an intense workload that must be completed by the end of the year. Tax reform remains a focus, and the Republican-controlled Congress is still committed to getting a final...more
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
As the Republican-led Congress and White House move forward on the repeal of the Affordable Care Act (ACA) and major tax-reform legislation, there are several new opportunities that may benefit tribal governments and their...more
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