Fourth Circuit Briefs in Williams v. Martorello [Tribal Lending]


Lower court materials here.

Proposed Settlement Agreement in Class Action Suit against Tribal Lending Businesses Formed by Habematolel Pomo of Upper Lake,

Here is the motion to approve the settlement in Hengle v. Asner (E.D. Va.):

Becker v. Ute Indian Tribe Cert Petition


Questions presented:

Whether a federal court may force a non-consenting, non-Indian plaintiff to exhaust his claims in tribal court when the defendant tribe has expressly consented by contract to federal or state court jurisdiction and waived both sov- ereign immunity and tribal exhaustion.

Whether a state court may adjudicate a contractual dispute between a tribe and a non-Indian where the tribe has provided specific contrac- tual consent to state court jurisdiction; or in- stead, whether the Constitution or laws of the United States prohibit such exercises of state court jurisdiction unless the State has assumed general civil jurisdiction over tribal territory under Sections 1322 and 1326 of Title 25.

Circuit split?

Lower court materials here.

California COA Reverses Yavapai-Apache Nation v. La Posta Band of Diegueño Mission Indians

Here are the materials:

Massachusetts Federal Court Declines to Dismiss Suit against Tribal Lending Business Partner

Here are the materials in Duggan v. Martorello (D. Mass.):

California Federal Court Confirms Tribal Jurisdiction over Nonmember Business

Here are the materials in Rincon Mushroom Corporation of America v. Mazzetti (S.D. Cal.):

166 Rincon Mushroom MSJ

167-1 Tribe MSJ

171 Rincon Mushroom Reply

174 Tribe Reply

Prior post here.