Cherokee Nation Businesses LLC v. Arkansas, State of

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS CENTRAL DIVISION

CHEROKEE NATION BUSINESSES, LLC; CHEROKEE NATION ENTERTAINMENT, LLC; and JENNIFER MCGILL PLAINTIFFS

Vv. No. 4:24-cv-969-DPM

STATE OF ARKANSAS; and ALEX LIEBLONG, MARK LAMBERTH, STEVE ANTHONY, DENNY EAST, MICHAEL POST, JOHN SCHMELZLE, and STEVE LANDERS, in their official capacities DEFENDANTS

ORDER The State’s motion in limine, Doc. 90, is denied without prejudice and with some thoughts. The State may renew its objections at trial, particularly on a motion for judgment as a matter of law. The parties must take the Court's rulings on the motion to dismiss into account as they present evidence and make objections. e Evidence Relating to Local Voters in Charge The bar for relevant evidence is low. Fed. R. Evid. 401; 1 CHARLES T. MCCORMICK, MCCORMICK ON EVIDENCE § 185.2 (Robert P. Mostellar et al. editors, 9th ed.). The Court will hear the evidence and only consider it for admissible purposes. Fields Engineering & Equipment, Inc. v. Cargill, Inc., 651 F.2d 589, 594 (8th Cir. 1981). The preclusion doctrines

remain in play. But, as the Court has said, a sliver of the surviving constitutional claims may not be barred. e Morowitz’s Testimony There’s less need for Daubert’s gatekeeping function in a bench trial. United States v. McDaniel, 925 F.3d 381, 385 (8th Cir. 2019). The State’s objections probably go more to weight than admissibility. We'll see. e Couch’s and Ruben’s Testimony Expert testimony on the ultimate legal issues is inadmissible. Southern Pine Helicopters, Inc. v. Phoenix Aviation Managers, Inc., 320 F.3d 838, 841 (8th Cir. 2003). Plaintiffs must, as they say they will, steer clear of those issues with these witnesses. Facts, and some regulatory background, are fine. So Ordered. TPnrg toll pn D.P. Marsnait jr. United States District Judge 17 Moreh 20as

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