Indian Law & Gaming

Successfully defended Town of Mashpee in a land claims suit filed by members of the Mashpee Indian Tribe against the Commonwealth of Massachusetts and the Town of Mashpee.

Superior Court of Arizona, Maricopa County
Represented tribal government on claims against design-build contractor to recover for design and construction defects in a resort and casino constructed on the reservation.  Case settled on favorable terms shortly before trial. 

Successfully defended Pennsylvania governor against land claims by Delaware Nation to land allegedly awarded to Indian chief by family of William Penn.  446 F.3d 410 (3d Cir. 2006)

Representation of major hedge fund company providing due diligence and counseling on tribal investments by private investors, including gaming.

Represented the Navajo Nation in a dispute with the Hopi Tribe over rights to more than seven million acres of land in Northeastern Arizona. Won affirmance of the bulk of the district court's decision awarding the Navajo Nation rights to all but a small fraction of the land in dispute.  65 F.3d 1445 (9th Cir. 1995)

Represent the Town of Ledyard against claims that state property tax assessed on non-tribal parties violates federal law.

Counsel for the Navajo Nation in arbitration and litigation relating to a royalty dispute arising from a major coal mining operation on Navajo land.  Court of Appeals affirmed that federal courts had no jurisdiction over Peabody's royalty claim. 373 F.3d 945 (9th Cir. 2004)

Action alleging violation of NEPA, NHPA and Sacred Site E.O. in connection with federal approval of geothermal project on federal lands.

Successfully represented three Connecticut towns in administrative review, negotiation and litigation to prevent Mashantucket Pequot Tribe from expanding trust land for gaming-related purposes.

Represents Indian tribes and state and local governments regarding the development of tribal lands for economic purposes. Navigates federal and state regulatory processes, developing cooperative agreements between tribal and non-tribal governments, developing political and public relations strategies, and minimizing/managing litigation risk associated with development proposals.

Represent Tejon Mountain Village, LLC in a tribal recognition, land claims and CEQA suit.

Summary judgment in favor of PacifiCorp against claims that plaintiffs suffered over $1 billion in damages because of harm to salmon fishery caused by dams on the Klamath River. Affirmed on appeal.