Federal Court Certifies Class in Williams v. Big Picture Loans

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.) (this case is on remand from the Fourth Circuit):

960 DCT Order re Motion for Protective Order

968 Motion to Certify Class

1007 Opposition to 968

1055 Reply in Support of 968

1090 DCT Order Denying Motion for Stay Pending Appeal

1106 DCT on Motion to Certify Class

1110 Memorandum Opinion

Prior post here.

Federal Court Rejects Immunity Defense in Tribal Payday Lending Matter

Here are the relevant materials in Brice v. Stinson (N.D. Cal.):

182 Motion for Summary Judgment

197 Opposition

216 Reply

236 DCT Order

An excerpt:

Plaintiffs seek summary judgment on defendants’ third affirmative defense; that some defendants are protected by or some claims extinguished by tribal immunity. In their opposition, defendants admit they personally “are not entitled to assert or invoke sovereign immunity as a defense to these claims” but nonetheless argue plaintiffs’ litigation “of these claims against shareholders of entities providing contractual services to those lenders is a significant infringement on the sovereignty of the tribes. . . . .” Dkt. No. 197 at 22. Defendants miss the point. The claims here hinge on the personal conduct of the defendants. While that conduct is based in significant part on the services defendants personally engaged in or approved to be provided to the Tribes, the claims do not impede on the sovereignty of the Tribes where the Tribes are not defendants in this case and no Tribal Entities remain. Absent apposite caselaw or facts showing how this action “interferes with the purpose or operation of a federal policy regarding tribal interests,” tribal immunity is irrelevant to this action.

Ninth Circuit Rejects Big Sandy’s Effort to Avoid State Cigarette Taxes

Here is the opinion in Big Sandy Rancheria Enterprises v. Bonta.

Briefs:

Big Sandy Opening Brief

California Brief

Reply

Lower court materials here.

Sovereign Lending Tribe Wins Partial Victory in Conn. SCT

Here is the opinion in Great Plains Lending LLC v. State of Conn. Dept. of Banking:

Connecticut SCT Opinion

Briefs here.

Harvard Law Review Casenote on Williams v. Medley Opportunity Fund II [tribal payday lending]

Here is “Williams v. Medley Opportunity Fund II, LP: Third Circuit Rules that Tribal Payday Lenders Cannot Compel Arbitration.”

We posted the materials on this case here.

Federal Suit against MHA Nation-Affiliated Lending Business Stayed Pending Fourth Circuit Decision in Hengle v. Treppa

Here are the materials in Manago v. Cane Bay Partners VII LLLP (D. Md.):

40 Amended Complaint

73-1 Motion to Stay

76 Opposition

82 DCT Order Granting Motion for Stay

The briefs in Hengle v. Treppa are here.