Wells Fargo Bank, Nat'l Assn v. Lake of the Torches Econ. Dev. Corp., No. 10-2069 (7th Cir. 2011)Annotate this Case
The Tribe operates a Wisconsin casino and financed investment in a Natchez, Mississippi riverboat casino by issuing bonds backed by casino revenue. The bank, as trustee, alleged that the Tribe had breached a bond indenture and sought appointment of a receiver to manage the trust security on behalf of the bondholder. The district court dismissed, holding that the indenture was void, as a gaming facility management contract not approved by the National Indian Gaming Commission (25 U.S.C. 2710(d)(9), 2711(a)(1)), and that the Tribe's waiver of sovereign immunity in the indenture was consequently void. The Seventh Circuit affirmed in part and reversed in part. The indenture was void so that the waiver of sovereign immunity cannot serve as a predicate for jurisdiction. The district court should have permitted the bank to file an amended complaint to the extent that it presented claims for legal and equitable relief in connection with the bond transaction on its own behalf and on behalf of the bondholder so that it could address whether the bank has standing to litigate claims on behalf of the bondholder and determine whether collateral documents, when read separately or together, waive sovereign immunity with respect to any such claims.