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ARTICLE · 09 JUNE 2021

This Week At The Ninth: The Igra "Two-Step" And Class Action Collusion

Morrison Foerster
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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 agreement is unfair and collusive.

United StatesLitigation, Mediation & Arbitration
James R. Sigel
James R. Sigel
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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 agreement is unfair and collusive.

KALISPEL TRIBE OF INDIANS V. U.S. DEPARTMENT OF THE INTERIOR

The Court holds that the Secretary of the Interior may approve an Indian Tribe's application for an off-reservation casino under the Indian Gaming Regulation Act even if the new casino would have a detrimental impact on another nearby Tribe, so long as that impact is offset by benefits to the entire surrounding community. It also holds that the Secretary's decision to grant the Spokane Tribe's application in this case did not violate the Administrative Procedure Act.

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