Here is the opinion in City of Duluth v. National Indian Gaming Commission (D. D.C.):
DCT order Denying NIGC Motion to Dismiss
Briefs are here:
Complaint here.
Author: Matthew L.M. Fletcher
Nooksack Issues TRO in Nooksack Tribal Christmas Checks Dispute with Proposed Disenrollees
Here are the new materials in St. Germaine v. Kelly (Nooksack Tribal Court):
St Germain v Kelly Brief in Support of TRO Relief
St Germain v Kelly Defendants’ Response in Opposition to Motion for TRO
St Germain v Kelly Order Granting Motion for TRO
An excerpt from the order:
Therefore, the Court finds that, at this preliminary TRO stage in this matter, the Defendants have violated the Nooksack Indian Tribe’s Constitution, Article IX and the Equal Protection clause of the Indian Civil Rights Act in passing Resolution 13-171 and acting upon it. The Court orders that the Defendants be enjoined from treating the proposed disenrollees differently from other tribal members with respect to the Christmas Support distribution. However, the Court finds that the Court cannot order specific relief requiring the expenditure of tribal funds. The Court hopes, however, that the Defendants will consider the implications of Resolution 13-171 and treat the Plaintiff proposed-disenrollees fairly, despite the fact that the Court is prohibited by the law from ordering them to do so.
North Carolina Sues Western Sky
Here is the complaint in State of North Carolina ex rel. Cooper v. Western Sky Financial LLC (N.C. Super.):
An excerpt:
1. This is an action for injunctive relief to restrain Defendants Western Sky Financial, LLC (“Western Sky”), CashCall, Inc. (“CashCall”), WS Funding, LLC (“WS Funding”), Delbert Services Corporation (“Delbert”), and John Paul Reddam (“Mr. Reddam”), (collectively, “Defendants”) from offering, funding, servicing and collecting on illegal usurious consumer loans made to North Carolina borrowers, in violation of North Carolina’s Consumer Finance Act, N.C. Gen. Stat. § 53-164, et seq.; North Carolina’s usury laws, N.C. Gen. Stat. § 24-1, et seq.; and North Carolina’s Unfair and Deceptive Practices Act, N.C. Gen. Stat. § 75-1.1, et seq.; and to obtain restitution and other relief.
2. CashCall, WS Funding, and Delbert are affiliated companies that make, fund, purchase, service, and collect on illegal loans to North Carolina consumers that accrue interest at rates far in excess of those allowed under North Carolina law. These Defendants seek to evade the State of North Carolina’s licensure, usury, and consumer protection laws by using as a front an unrelated fourth company, Western Sky. Western Sky falsely holds itself out as an Indian tribal entity that purports to be exempt from state laws under the doctrine of tribal sovereign immunity. In reality, Western Sky is a for-profit South Dakota company that is owned by an individual who happens to be a member of an Indian tribe. Western Sky is not owned or operated by any Indian tribe or for the benefit of any tribe; therefore, the doctrine of tribal sovereign immunity does not apply to the loans made to North Carolina borrowers.3. CashCall is the real or “de facto” lender in these loan transactions, and it controls virtually all aspects of the transactions. Pursuant to its arrangement with Western Sky, among other activities, CashCall, itself or through its subsidiaries, creates and distributes advertising materials for the loans; reviews all loan applications for underwriting requirements; funds the loans; assumes all risk of loss on the loans; receives all payments on the loans; services the loans; and indemnifies Western Sky for all costs and any liability associated with the loans.4. Based on these facts, regulators and courts have concluded that “Western Sky is nothing more than a front to enable CashCall to evade licensure by state agencies and to exploit Indian Tribal Sovereign Immunity to shield its deceptive business practices from prosecution by state and federal regulators.” In re CashCall, Inc., John Paul Reddam, President and CEO of Cash Call, Inc. and WS Funding, LLC, State of New Hampshire Banking Department, Case No.: 12-308 (June 4, 2013).
5. Since 2010, at least fourteen states, on relation of the respective State’s Attorney General or through the State’s banking or consumer credit regulator, have taken action against Defendants for unlawfully making loans without proper state licensure and in violation of state usury and consumer protection laws.
Sixth Circuit Reverses in Michigan v. Sault Ste. Marie Tribe
Here is the opinion:
An excerpt:
Because the State is not suing to enjoin a class III gaming activity, but instead a trust submission under MILCSA, § 2710(d)(7)(A)(ii) of IGRA does not abrogate the Tribe’s sovereign immunity, and the district court lacked jurisdiction. The issue of whether class III gaming on the casino property will violate IGRA if the Tribe’s MILCSA trust submission is successful is not ripe for adjudication because it depends on contingent future events that may never occur. The injunction was therefore not properly entered.
Briefs are here.
Lower court materials here.
Additional Briefing in United States v. Zepeda — US Renews En Banc Plea
Complaint in Pueblo of Pojoaque v. New Mexico — Good Faith Gaming Compact Negotiations
2013 Top Indian Law Stories Poll Results
Here:
| 1. Congress Passes VAWA Reauthorization with Tribal Jurisdiction Provisions Intact  (Condorcet winner: wins contests with all other choices) |
| 2. “Walking With Our Sisters” Commemorating Missing and Murdered Indigenous Women in Canada and the U.S.  loses to Congress Passes VAWA Reauthorization with Tribal Jurisdiction Provisions Intact by 37–5 |
| 3. Stafford Act Amendments (Sandy Relief Bill) Passes: Includes Tribal Emergency Requests Provision  loses to Congress Passes VAWA Reauthorization with Tribal Jurisdiction Provisions Intact by 41–1, loses to “Walking With Our Sisters” Commemorating Missing and Murdered Indigenous Women in Canada and the U.S. by 23–16 |
| 4. Sen. Feinstein Introduces Tribal Gaming Eligibility Act  loses to Congress Passes VAWA Reauthorization with Tribal Jurisdiction Provisions Intact by 42–0, loses to Stafford Act Amendments (Sandy Relief Bill) Passes: Includes Tribal Emergency Requests Provision by 25–12 |
| 5. 25th Anniversary of Voigt Decision in Wisconsin  loses to Congress Passes VAWA Reauthorization with Tribal Jurisdiction Provisions Intact by 38–4, loses to Sen. Feinstein Introduces Tribal Gaming Eligibility Act by 19–18 |
| 6. Lac Du Flambeau Declares State of Emergency — Synthetic and Illegal Drugs  loses to Congress Passes VAWA Reauthorization with Tribal Jurisdiction Provisions Intact by 41–1, loses to 25th Anniversary of Voigt Decision in Wisconsin by 19–17 |
| 7. Tribal Internet Gaming Alliance Formed  loses to Congress Passes VAWA Reauthorization with Tribal Jurisdiction Provisions Intact by 39–4, loses to Lac Du Flambeau Declares State of Emergency — Synthetic and Illegal Drugs by 20–17 |
Important New Scholarship on Muscogee Tribal Jurisprudence
Sarah Deer and Cecelia Knapp have published “Muscogee Constitutional Jurisprudence: Vhakv Em Pvtakv (The Carpet Under The Law)” in the Tulsa Law Review. The paper is also available on SSRN.
The abstract:
In 1974, a group of Mvskoke citizens from Oklahoma sued the federal government in federal court. Hanging in the balance was the future of Mvskoke self-determination. The plaintiffs insisted that their 1867 Constitution remained in full effect, and that they still governed themselves pursuant to it. The United States argued that the constitution had been nullified by federal law passed in the early 1900s.
To find in favor of the plaintiffs, the court would have to rule that the United States had been ignoring the most basic civil rights of Mvskoke citizens and flouting the law for over seventy years. It would also have to find that a tribal government had been operating legitimately in the shadows—that the Mvskoke people had continued to operate under their constitution for most of the twentieth century despite official federal antagonism. It was definitely a long shot, but they won.
This article explores factors that have helped the Mvskoke people create, nurture, and sustain a constitutional government under hostile circumstances for centuries. We focus on the history and structure of the constitutional government of the Muscogee (Creek) Nation of Oklahoma. We consider several aspects of Creek conceptions of government structure and balance, which are also evidenced in the constitutional jurisprudence of the Muscogee (Creek) Nation Supreme Court. At first glance, the contemporary Mvskoke government today bears little resemblance to the ancient etvlwv town-based system of governance, but a more penetrating analysis reveals common threads of political theory and cosmogony, or world view, that have continued unabated.
Highly recommended!
Nooksack Tribal Councilwoman Michelle Roberts on Disenrollments
Miccosukee Tribe’s State Court Suit against Former Lawyers Dismissed
Here is the order in Miccosukee Tribe of Indians v. Lewis (Miami-Dade Circuit Ct.):
Lewis-Tein-Order-on-Summary-Judgment-Signed-Order
News coverage here.
Thanks due here.
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