B.6. Cases - Count I

A.K. Mgmt. Co. v. San Manuel Band of Mission Indians, 789 F. 2d 785 (9th Cir. 1986)

Precursory Agreement in Management Contract Repudiated Three Days After Signing Not Enforceable

BouncebackTechnologies.com Inc. v. Harrah's Entertainment Inc., No. 98-2058, 480968 (D. Minn. 2002)

Development Contract is not a Management Contract

CAGC v Kempthorne, 06-CV-001S (WDNY 2007)

Indian Lands as a threshold issue for NIGC jurisdiction

Citizens v Kempthorne, WDNY 06-CV-0001S, January, 2007

No subject matter jurisdiciton under IGRA before Indian Lands exist

Colorado River Indian Tribes v NIGC, DC Appeals Court Opinion

Colorado River Indian Tribes v NIGC Opinion of the Court of Appeals for the DC Circuit 10-20-06

Colorado River Indian Tribes v NIGC, DDC CV 04-0010, WL 2035946 (2005)

NIGC Jurisdiction over Class III Gaming - Interplay betweeen Chevron Analysis and Indian law Canon

First American Casino Corp v. Eastern Pequot Nation, 3-97CV846 (CT 2000)

IGRA does not Apply to Contract with Unrecognized Tribe

Forrest Assoc. v. Passamaquoddy Tribe, 719 A2d 535 (Me 1998)

Development Agreement not Void for Want of Section 81 Approval

Jena Band of Chocktaw Indians, et al. v. Ti-Millenium Corp., 98 CV 0829 (W.D. La. 2005)

NIGC Determination that Contract is a Collateral Agreement Does Not Render it Void

New York v Shinnecock Indian Nation

November 7 2005 Decision by judge Platt in the Eastern District of New York

NGV Gaming V. Upstream Point Molate October 2005 Unreported Opinion

October 2005 District Court Decision on Rehearing Reverses Position on Indian Lands

NGV Gaming v. Upstream Point Molate, 355 Fed. Sup. 2d. 1066 (N. D. Ca. 2005)

Condition Precedent of NIGC Approval not a bar to Enforcement of Agreements where no Indian Lands had yet Been Acquired

Penobscot Indian Nation v. Key Bank, 112 F. 3rd 538 (1st Cir. 1997)

Section 81 does not Apply to Lands Purchased for Investment Purposes

Scutti Enterprises LLC v. Park Place Entertainment Corp., 322 F. 3d 211 (2d Cir. 2005)

Second Circuit Decision in Contract Interference Case Related to Mohawk Casino at Akwesasne

Trump Hotels and Casino Resorts Development Co. LLC v Rostow, et. al., 3:3CV1133 (2004 D.C. CT)

IGRA Does not Apply to Precursory Agreement to Enter into a Management Contract

U S ex rel St Regis Mohawk Tibe v Presidents RC St Regis Mgt Co, 7:02CV 845 (NDNY 2005)

Constuction Contract is not a Management Contract or Collateral Agreement under IGRA

U S ex rel St Regis Mohawks v President Casinos et al

June 2006 Decision by Second Circuit reversing District Court on ground that status of construction contract must be determined by NIGC

Vanadium Corp. v. Fidelity and Deposit Co., 159 F.2d 105 (2nd Cir 1947)

Requirement of Section 81 Approval Does Not Render Obligation to Seek Approval Void