economic development

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

Matthew L.M. Fletcher

Here:

Williams Brief.pdfDownload
Martorello Brief.pdfDownload

Lower court materials here.

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

Matthew L.M. Fletcher

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

Hengle- Motion for Preliminary Approval[8].pdfDownload

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

Matthew L.M. Fletcher

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

1-complaint-1Download

Florida Court Dismisses Suit against Louisiana Tribal Lender

Matthew L.M. Fletcher

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

order-of-dismissalDownload

Becker v. Ute Indian Tribe Cert Petition

Matthew L.M. Fletcher

Here:

Becker Pet. for Cert..pdfDownload

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:

Brief in Opposition.pdfDownload
Becker Reply Brief.pdfDownload

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

Matthew L.M. Fletcher

Here are the materials:

Unpublished Opinion.PDFDownload
La Posta Opening Brief.pdfDownload
YAN Response Brief.pdfDownload
La Posta Reply.pdfDownload
La Posta Supplemental Brief.pdfDownload
YAN Supplemental Brief.pdfDownload

Maryland Appellate Court Holds Chickasaw-Owned Business Not Subject to State Taxation

Matthew L.M. Fletcher

Here is the opinion in A+ Government Solutions LLC v. Controller of Maryland:

A+ Opinion.pdfDownload
This place just exudes sexiness.

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

Matthew L.M. Fletcher

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

118 Second Amended Complaint.pdfDownload
125 Martorello Motion to Dismiss.pdfDownload
136 Duggan Opposition to Martorello Motion.pdfDownload
143 Reply in Support of Martorello Motion.pdfDownload
168 Duggan Surreply re Martorello Motion.pdfDownload
196 Martorello Supplemental Brief re 124.pdfDownload
197 Duggan Response to 196.pdfDownload
200 Rule 19 Motion to Dismiss.pdfDownload
204 Duggan Response to Rule 19 Motion.pdfDownload
218 Martorello Reply re Rule 19 Motion.pdfDownload
219 Duggan Surreply re Rule 19 Motion.pdfDownload
226 MJ Order on Judicial Estoppel Motion.pdfDownload
232 MJ Order Denying Rule 19 Motion.pdfDownload
233 MJ Order Denying Martorello Motion.pdfDownload

California Federal Court Confirms Tribal Jurisdiction over Nonmember Business

ilpc

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

176-dct-orderDownload

Prior post here.

Federal Court Allows Fraud Suit Against Individuals Involved in Wakpamni Lake Community Corp. TED Bonds Frauds; RICO Claims Dismissed

Matthew L.M. Fletcher

Here are the materials so far in Indian Land Capital Company LLC v. Infrastructure Development Cooperative LCA (D.S.D.):

13 Amended Complaint

16 Motion to Dismiss

19 Response

21 Reply

32-dct-order-motion-to-dismissDownload
Powwow Park, Batesland, SD

Prior posts on the WLCC at this link.