Alabama Federal Court Dismisses Civil Claims against Defense Contractor Owned by Eastern Band Cherokee

Here are the materials in Aquate II v. Myers (N.D. Ala.):

Eleventh Circuit Affirms Dismissal of Contract Claim Finding Not Waiver of Sovereign Immunity

Here are the materials in Evans Energy Partners LLC v. Seminole Tribe of Florida Inc.:

Thanks to Bill Wood for this shield (get it?).

North Dakota DCT Dismisses Contract Claim against MHA Nation

Here is the order in Bird Industries Inc. v. Three Affiliated Tribes of the Fort Berthold Indian Reservation (D.S.D.):

Prior post with briefs here.

California Federal Court Dismisses ADA Suit against Tule River Tribal Council

Here are the materials in Block v. Tule River Tribal Council (E.D. Cal.):

Tenth Circuit Briefs in Becker v. Ute Indian Tribe [sanctions order against tribe]

Here:

Jurrius Brief

Lower court materials here.

Lac Courte Oreilles Ojibwe Company Sues for Greater Control over its Lending Business

Here is the complaint in Lac Courte Oreilles Financial Services LLC v. Cane Bay Partners VI LLLP (W.D. Wis.):

Ninth Circuit Orders En Banc Review in Brice v. Plain Green LLC

Here are the materials:

Brice Rehearing Petition 11.1 final

Amicus Brief Supporting Petition

Opposition

Reply

CA9 Order Granting En Banc Review

Panel materials here.

New York Federal Court Orders Tribal Exhaustion in Smoke Shop Dispute at Cayuga

Here are the materials in Cayuga Nation v. Parker (N.D. N.Y.):

Reprinted in Akwesasne Notes, 1970

1 Complaint

2-3 Motion for Injunction

30 Parker Opposition

30-4 Legal Opinion

31 Meyer Opposition

34-1 Parker Motion to Dismiss

35-1 Meyer Motion to Dismiss

37 Reply in Support of 2

40 Opposition to Motions to Dismiss

44 Meyer Reply

45 Parker Reply

45-2 Cayuga Civil Court Order

47-1 Cayuga Civil Court Amended Complaint

Ninth Circuit Decides CFPB v. CashCall

Here. An excerpt:

CashCall, Inc., made unsecured, high-interest loans to consumers throughout the country. After attracting unwanted attention from regulators, it sought to avoid state usury and licensing laws by using an entity operating on an Indian reservation. CashCall paid for that entity to issue loans and then purchased the loans days later. The loan agreements contained a choice-of-law provision calling for the application of tribal law, so they would not be subject to the law of borrowers’ home States, which would have prohibited the loans. CashCall sought advice from a scholar of federal Indian law, who opined that the scheme “should work but likely won’t.” His concern proved well founded. The Consumer Financial Protection Bureau brought this action against CashCall, its CEO, and several affiliated companies, alleging that the scheme was an “unfair, deceptive, or abusive act or practice,” 12 U.S.C. § 5536(a)(1)(B), because CashCall demanded payment from consumers under the pretense that the loans were legally enforceable obligations, when in fact they were invalid under state law. The district court found the defendants liable and imposed a civil penalty of $10.3 million, but the court declined to order restitution.

Briefs here.

First Circuit Holds Bankruptcy Act Impliedly Abrogates Tribal Immunity

Here is the opinion in In re Coughlin:

Alert — circuit split

Briefs here.