United States Seventh Circuit

In a suit between the State of Wisconsin and an Indian tribe over the validity of certain provisions in the parties' gaming compact in the wake of Wisconsin Supreme Court decisions, summary judgment for the state is affirmed in part and vacated in part where: 1) federal subject matter jurisdiction existed for the suit, and the tribe's sovereign immunity was similarly abrogated, with respect to the State's cause of action seeking to enjoin the gaming due to the tribe's alleged violation of the compact's dispute resolution provision; and 2) the district court erred in not first determining the arbitrability of the state's claims under the dispute resolution provision before proceeding to address the tribe's remaining claims for summary judgment.

Appellate Information

• Argued 10/24/2007
• Decided 01/14/2008
• Published 01/14/2008

Judges

• FLAUM, Circuit Judge., Before FLAUM, MANION, and WILLIAMS, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellees:
  
• Matthew J. Flynn (argued), Quarles & Brady, Milwaukee, WI, for Plaintiff-Appellee., Lester J. Marston (argued), Rapport & Marston, Ukiah, CA, for Defendant-Appellant.