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 ā€œshould work but likely won’t.ā€ 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 ā€œunfair, deceptive, or abusive act or practice,ā€ 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.

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

Here:

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.):

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

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

Florida Court Dismisses Suit against Louisiana Tribal Lender

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

Becker v. Ute Indian Tribe Cert Petition

Here:

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.

Update:

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

Here are the materials: