OKLAHOMA v. HOBIA

Nos. 12-5134, 12-5136.

771 F.3d 1247 (2014)

State of OKLAHOMA, ex rel., Plaintiff-Appellee, v. Tiger HOBIA, as Town King and member of the Kialegee Tribal Town Business Committee; Thomas Givens, as 1st Warrior and member of the Kialegee Tribal Town Business Committee; Kialegee Tribal Town, a federally chartered corporation, Defendants-Appellants, and Florence Development Partners, LLC, an Oklahoma limited liability company, Defendant. The State of New Mexico; State of Michigan, Amici Curiae. State of Oklahoma, ex rel., Plaintiff-Appellee, v. Florence Development Partners, LLC, an Oklahoma limited liability company, Defendant-Appellant, and Tiger Hobia, as Town King and member of the Kialegee Tribal Town Business Committee; Thomas Givens, as 1st Warrior and member of the Kialegee Tribal Town Business Committee; Kialegee Tribal Town, a federally chartered corporation, Defendants. The State of New Mexico; State of Michigan, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

November 10, 2014.


Attorney(s) appearing for the Case

Matthew Justin Kelly of Fredericks Peebles & Morgan LLP, Washington, DC, ( Martha L. King of Fredericks Peebles & Morgan LLP, Louisville, CO; Dennis J. Whittlesey, Jr. of Dickinson Wright PLLC, Washington, DC; H. James Montalvo , Law Offices of H. James Montalvo, P.A., South Miami, FL, with him on the briefs), for Defendants-Appellants.

Patrick R. Wyrick , Solicitor General, ( E. Scott Pruitt , Attorney General, Oklahoma Office of the Attorney General, and M. Daniel Weitman , Assistant Attorney General, Oklahoma City, OK; Lynn H. Slade , William C. Scott and Sarah M. Stevenson of Modrall, Sperling, Roehl, Harris & Sisk, P.A., Albuquerque, NM, with him on the briefs), for Plaintiff-Appellee.

Gary K. King , Attorney General, State of New Mexico, Santa Fe, NM, and Christopher D. Coppin , Special Assistant Attorney General, State of New Mexico, Albuquerque, NM, filed an amicus curiae brief for the State of New Mexico.

Bill Schuette , Attorney General, State of Michigan, John J. Bursch , Solicitor General, State of Michigan, and S. Peter Manning and Louis B. Reinwasser , Assistant Attorneys General, State of Michigan, Lansing, MI, filed an amicus curiae brief for the State of Michigan.

Before BRISCOE, Chief Judge, KELLY and BACHARACH, Circuit Judges.


BRISCOE, Chief Judge.

We once again address the subject of Indian gaming and, following the lead of the Supreme Court's recent decision in Michigan v. Bay Mills Indian Cmty., ___ U.S. ___, 134 S.Ct. 2024, 188 L.Ed.2d 1071 (2014), emphasize that any federal cause of action brought pursuant to 25 U.S.C. § 2710(d)(7)(A)(ii) of the Indian Gaming Regulatory Act (IGRA) to enjoin class III gaming activity must allege and ultimately...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases