Articles Posted in Gaming Law

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The Ysleta del Sur Pueblo and Alabama and Coushatta Indian Tribes of Texas Restoration Act restored the Tribe's status as a federally-recognized tribe and limited its gaming operations according to state law. The Indian Gaming Regulatory Act (IGRA) broadly established federal standards for gaming on Indian lands. After IGRA was enacted, the Fifth Circuit determined that the Restoration Act and IGRA conflict and that the Restoration Act governs the Tribe's gaming activities. (Ysleta I). When the Tribe conducted gaming operations in violation of Texas law, the district court permanently enjoined that activity as a violation of the Restoration Act. The court affirmed the district court's refusal to dissolve the permanent injunction and held that the district court did not abuse its discretion in denying relief from the permanent injunction. The court held that the Restoration Act and the Texas law it invokes—and not IGRA—governed the permissibility of gaming operations on the Tribe's lands. The court held that IGRA did not apply to the Tribe, and the National Indian Gaming Commission did not have jurisdiction over the Tribe. View "Texas v. Alabama-Coushatta Tribe of Texas" on Justia Law

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This dispute arose out of a video game publishing agreement entered into by Timegate and Gamecock. Under the terms of the agreement, Timegate was to be the developer and Gamecock was to be the publisher of a futuristic military-style video game entitled "Section 8." When their business relationship deteriorated, the parties proceeded with arbitration and the arbitrator awarded Gamecock monetary compensation and a perpetual license in the video game's intellectual property. The district court vacated the arbitrator's award, determining that the perpetual license was not consistent with the "essence" of the underlying contract. Because the agreement bestowed broad remedial powers upon the arbitrator and because it was fraudulently induced and irreversibly violated by Timegate, the perpetual license was a rational and permissible attempt to compensate Gamecock and maintain the agreement's essence. Accordingly, the court reversed and remanded, finding that the perpetual license was a remedy that furthered the essence of the publishing agreement. View "TimeGate Studios, Inc. v. Southpeak Interactive, L.L.C., et al" on Justia Law

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Plaintiffs, a group of nonprofit organizations licensed to conduct bingo games, filed suit challenging restrictions on the Texas Bingo Enabling Act (Bingo Act), Tex. Occ. Code 2001.001 et seq. Plaintiffs challenged provisions in the Bingo Act that prohibited charities from using the money generated by conducting bingo games for lobbying activities or to support or oppose ballot measures. The district court granted summary judgment in favor of plaintiffs and issued a permanent injunction preventing enforcement of the challenged statutory provisions. The court reversed and held that the Bingo Act's restrictions on the use of bingo proceeds for political advocacy were permissible conditions on a government subsidy and did not operate to penalize speech. View "Dept of Texas, Veterans of Foreign Wars, et al v. Texas Lottery Commission, et al" on Justia Law