economic development

NYTs Profile of Navajo Nation’s Bid to Purchase Recently-Bankrupt Remington Gun Company to Bring Biz to the Reservation (and force the company to invest in smart gun tech)

Matthew L.M. Fletcher1 Comment

Here. An excerpt:

The Navajo Nation’s plan for Remington was novel: It intended to shift the company away from its consumer business, including curtailing the sale of the AR-15-style weapons frequently used in mass shootings, to focus on police and defense contracts.

The tribe planned to use profits from those businesses to invest in research and development of advanced “smart guns” — those with fingerprint or other technology intended to prevent anyone but the gun’s owner from using the weapon. Smart guns have so far failed to make much headway at the major gun manufacturers, which have faced pressure from groups like the National Rifle Association.

It’s not clear that the tribe’s proposal would have worked, of course. But the Navajo Nation would have had an advantage in sales for police and military contracts. Not only must a certain percentage of government business go to minority-owned companies, but the Native American Incentive Act also confers certain other advantages, according to the American Bar Association.

The only guns the Navajo Nation planned to sell to consumers were long guns like rifles and shotguns used by hunters.

“Navajo is a community of veterans and people of the land,” the tribe’s lawyer, Drew Ryce, said in an email. “We are indifferent to the AR-15 and happy to leave that business behind.”

Post-Trial Briefs in Tulalip Tribes v. Washington [Quil Ceda]

Matthew L.M. Fletcher

Here are the post-trial briefs in Tulalip Tribes v. State of Washington (W.D. Wash.):

stateposttrialbrief

tulalipposttrialbrief

Case tag here.

Federal Circuit Briefs in St. Regis Mohawk Tribe v. Mylan Pharmaceuticals

Matthew L.M. Fletcher

Here:

Opening Brief filed

Appellee Brief Filed

R Street amicus

Amicus Brief of United States

amicus HTIA

Ninth Circuit Briefs in Rosales v. Dutschke (Jamul Indian Village)

Matthew L.M. Fletcher

Here:

Opening Brief

Tribal Answer Brief

Federal Answer Brief

reply.pdf

Lower court materials here.

Delaware Federal Court Affirms Bankruptcy Act Did Not Abrogate Tribal Immunity

Matthew L.M. Fletcher

Here are the materials in In re Money Centers Inc. (D. Del.):

15 Appellant Brief

16 Appellee Brief

17 Thunderbird Appellee Brief

18 Reply

23. Memorandum Affirming BR Court 3-29-18

114. Opinion Granting QCA MTD 2-28-17

Federal Circuit Stays PTAB Tribal Immunity Decision

Matthew L.M. Fletcher

Here are the materials in St. Regis Mohawk Tribe v. Mylan Pharmceuticals:

Motion for Stay

Opposition

Stay of PTAB Decision

Native Trade conference March 23-24 in Tucson

Matthew L.M. Fletcher

Here is the agenda: All Roads Lead to Chaco Canyon – Tentative Agenda

Native Trade Conference Flyer(1)

 

Patent Trial and Appeal Board Rejects Tribal Immunity

Matthew L.M. Fletcher

Here is the order in Mylan Pharmaceuticals v. St. Regis Mohawk Tribe:

Order

Materials here.

CFPB Voluntarily Dismisses Case Against Tribal Lender

Sarah M Donnelly

Here is the notice in Consumer Financial Protection Board v. Golden Valley Lending et al, 17-cv-02521 (Kan.):

101 – Notice of Voluntary Dismissal Pursuant to F.R.C.P. 41(a)(1)(A)(i)

From Law360(Paywall):

The federal government filed a notice of voluntary dismissal of its loan practices suit against four lenders owned by the Habematolel Pomo of Upper Lake, but didn’t offer a specific reason why. The CFPB said in a brief statement to Law360 that it would “continue to investigate the transactions that were at issue,” but declined to comment further because it was an open enforcement issue.

The government did say, however, in a filing from Dec. 5 that the bureau wanted more time to “consult with new leadership” before it submitted additional briefs.

The CFPB’s move to toss the case came just two days after news that the bureau planned to reopen a controversial rule that would bring federal regulations to the payday lending and auto-title lending industries.

The CFPB under its former director, Richard Cordray, finalized a rule in October that would for the first time mandate that payday lenders determine that borrowers can afford the loans they take out, amid a host of other major reforms, marking the last major action of his tenure.

But Office of Management and Budget Director Mick Mulvaney, who is serving as the acting director of the CFPB under an appointment by President Donald Trump that is currently being contested at the D.C. Circuit, is a known opponent of the rule, and on Tuesday he made his move to reopen rulemaking procedures, with the likely effect of taking apart many of its most important provisions.

Federal Court Denies Immunity to Lac Vieux Desert Band’s Sovereign Lending Solutions Employee

Sarah M Donnelly

Here are the materials in the matter of Pennachietti v. Mansfield, 17-cv-02582 (E. Penn. Dec. 11, 2017):

Link to deja vu suit.