In both Hotleva and Chehalis, the actions of the non-party would preclude the relief sought. In contrast, here the relief sought by the Plaintiffs does not require the non-party tribes to do or refrain from doing anything. For example, the Plaintiff seeks disgorgement of the money earned by the Defendants only, not the money the tribes have earned, through the alleged scheme. FAC p. 40. The Plaintiff is not seeking a declaration that the contracts themselves are illegal, but rather a declaration that the Defendants’ conduct violates a number of state and federal laws.FAC p. 39. The Chippewa Cree were engaged in consumer lending prior to their partnership with Think Finance and, since the tribes are not bound by the outcome of this case, they would be permitted to continue that business. The tribes continuing their business (without the services of the Defendants) would in no way limit the relief the Plaintiffs seek. See Dillon v. BMO Harris Bank, N.A., 16 F.Supp.3d 605, 615 (M.D.N.C. 2014) (“[J]udgment…will not prohibit the lenders from lending money or from relying on other mechanisms to collect on their loans.”). The relief the OAG seeks is thus not “hollow.” The tribes are not required underRule 19(a)(1)(a).

Slate News Profile on the Enslavement of Indian People

January 19, 2016Matthew L.M. Fletcher1 Comment

Here is ”

America’s Other Original Sin:

Europeans didn’t just displace Native Americans—they enslaved them, and encouraged tribes to participate in the slave trade, on a scale historians are only beginning to fathom.“

New Complaint in Nooksack Disenrollment Saga

January 19, 2016Matthew L.M. Fletcher

Here:

Belmont v Kelly II Complaint

Afognak Native Corporation Wins Multi-Million Dollar Contract Dispute Judgment

January 19, 2016January 18, 2016Matthew L.M. Fletcher

Here are the materials in Alutiiq International Solutions LLC v. OIC Marinaras Ins. Co. (D. Nev.):

180 DCT Order re Discovery Abuses

208 Magistrate R&R

217 DCT Order

Nottawaseppi Huron Band Seeks Probation Officer

January 19, 2016January 18, 2016Matthew L.M. Fletcher

Here:

Tribal Court Probation Officer

2016 NNALSA Writing Competition

January 18, 2016January 18, 2016Matthew L.M. Fletcher

Here is formal press release with instructions on submitting the entries: National NALSA Writing Competition announcement

Here is the link to the NNALSA Writing Competition webpage that shows the submission guidelines and competition rules: http://www.nationalnalsa.org/#!writing-competition/e5d6c.

Sault Tribe Treaty Rights Litigation RFP

January 18, 2016Matthew L.M. Fletcher

The Sault Ste. Marie Tribe of Chippewa Indians (Michigan) seeks an attorney of stature and notable experience to serve as lead counsel for the negotiation, or litigation, of a resource allocation agreement for court affirmed treaty rights, along with possible litigation regarding exterior boundaries of the ceded territory. Preference will be given to those submissions showing extensive and demonstrable experience in treaty rights litigation. To receive an RFP packet contact Aaron Schlehuber at lawaaron@saulttribe.net..

Turtle Talk

Author: Matthew L.M. Fletcher

SCOTUSBlog Preview of Sturgeon v. Frost Argument

“Wiring the Rez: Expanding the Borders of Indian Country through E-Commerce”

Tenth Circuit Briefs in Modoc Lassen Indian Housing Authority v. HUD

Selected Materials in Commonwealth of Penn. v. Think Finance LLC