economic development – Turtle Talk

First Circuit Holds Bankruptcy Act Impliedly Abrogates Tribal Immunity

May 6, 2022Matthew L.M. Fletcher

Here is the opinion in In re Coughlin:

In re Coughlin.pdf Download

Briefs here.

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

May 2, 2022Matthew L.M. Fletcher

Here:

Williams Brief.pdf Download

Martorello Brief.pdf Download

Lower court materials here.

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

April 27, 2022Matthew L.M. Fletcher

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

Hengle- Motion for Preliminary Approval[8].pdf Download

Borrower Sues Wakpamni Lake Community Business Claiming Oglala Sioux Tribal Immunity Does Not Apply

April 21, 2022Matthew L.M. Fletcher

Here is the complaint in Brown v. WLCC Lending (S.D. Ind.):

1-complaint-1 Download

Florida Court Dismisses Suit against Louisiana Tribal Lender

April 19, 2022Matthew L.M. Fletcher

Here is the order in Reyes v. Mobiloans LLC (Fla. Cty. Ct.):

order-of-dismissal Download

Becker v. Ute Indian Tribe Cert Petition

April 8, 2022Matthew L.M. Fletcher

Here:

Becker Pet. for Cert..pdf Download

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.