American Vantage Co. v. Table Mountain Rancheria

Appellant, American Vantage Companies, challenges the dismissal of its complaint for breach of contract filed against Table Mountain Ranchería (Table Mountain), a federally recognized Indian tribe. The trial court concluded that the complaint was completely preempted by federal law, specifically the Indian Gaming Regulatory Act (IGRA), in that appellant’s claims threatened to directly affect or interfere with the tribe’s gaming operations.

With respect to the regulation of Indian gaming activity, the IGRA completely preempts state law. However, as discussed below, appellant’s claims fall outside the parameters of IGRA regulation. Accordingly, the trial court erred in granting Table Mountain’s motion to dismiss for lack of state court jurisdiction.

Statement of the Case and Facts

Table Mountain retained appellant, a Nevada corporation, in 1990 to supervise the development and operation of Table Mountain’s casino. Between 1990 and 1993, appellant and Table Mountain entered into various management contracts. As a non-Indian contractor, appellant was required to secure the National Indian Gaming Commission’s (NIGC) approval before it could manage all or part of Table…