Here is the order in Mylan Pharmaceuticals v. St. Regis Mohawk Tribe:
Materials here.
economic development
CFPB Voluntarily Dismisses Case Against Tribal Lender
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
Here are the materials in the matter of Pennachietti v. Mansfield, 17-cv-02582 (E. Penn. Dec. 11, 2017):
- Doc. 1 – Complaint
- Doc. 5 – Motion to Dismiss
- Doc. 7 – Response in Opposition of Motion to Dismiss
- Doc. 8 – Memorandum of Law in Reply to Plaintiff’s Opposition to Motion to Dismiss
- Doc. 9 – Memorandum
Link to deja vu suit.
Wisc. Court of Appeals Affirms Dismissal of DNR Claims
Here are the materials in the matter of Wisconsin Department of Natural Resources v. Timber and Wood Products Located in Sawyer County et al, 2017AP181 (Dec. 19, 2017):
Patent Trial and Appeal Board Amicus Briefs on Tribal Immunity Issue
Here are the amici curiae in the matter of Mylan Pharmaceuticals Inc. et al v. St. Regis Mohawk Tribe et al:
For Movants:
- Brief Amici Curiae of the National Congress of American Indians, National Indian Gaming Association, and the United South and Eastern Tribes in Support of Patent Holder the St. Regis Mohawk Tribe’s Motion to Dismiss
- Amicus Curiae Brief of the Oglala Sioux Tribe in Support of Corrected Patent Owner’s Motion to Dismiss Based on Tribal Sovereign Immunity
- Brief of Amici Scholars in Support of Patent Owner the St. Regis Mohawk Tribe
- Brief Amicus Curiae of the Seneca Nation in Support of the Patent Owner, Saint Regis Mohawk Tribe
- Brief of Amicus Curiae U.S. Inventor, LLC in Support of Patent Owner, the Saint Regis Mohawk Tribe
- Brief of Amicus Curiae Native American Intellectual Property Enterprise Council, Inc. Regarding Patent Owner’s Motion to Dismiss
- Brief of Amicus Curiae Luis Ortiz and Kermit Lopez in Support of Patent Owner’s Motion to Dismiss for Lack of Jurisdiction Based on Tribal Sovereign Immunity
In Opposition:
- Brief of the High Tech Inventors Alliance, Computer & Communications Industry Association, and Internet Association as Amici Curiae in Support of Petitioners
- Comments of Amici Curiae Deva Holding A.S. in Response to the Board’s Invitation for Amicus Briefs Regarding the Tribe’s Motion to Terminate
- Brief Of Askeladden LLC as Amicus Curiae in Opposition to St. Regis Mohawk Tribe’s Motion to Dismiss
- Brief of Public Knowledge and the Electronic Frontier Foundation as Amici Collegii in Opposition to the Motion to Terminate
- Brief Amicus Curiae of the Software and Information Industry Association in Support of Petitioners
- Amicus Curiae Brief of James R. Major, D.Phil. in Support of Petitioners’ Opposition to St. Regis Mohawk Tribe’s Motion to Dismiss
- Brief of the Association for Accessible Medicines as Amicus Curiae in Support of Petitioners
Link: Case archive
Law Scholars Brief in Support of St. Regis Mohawk Patent
Here is the brief from Lawrence Tribe, William Eskridge, Erwin Chemerinsky, Joe Singer, and David Orozco:
Oglala Sioux Tribe Amicus Brief in St. Regis Mohawk Patent Matter
Here is the amicus brief filed in Mylan Pharmaceuticals Inc. v. Allergan Inc.:
Arizona COA Affirms Hualapai Official Immunity from Contract Damages Suit
Here is the unpublished opinion in WD at the Canyon v. Honga.
ProPublica: “Your $20 Million Loan Went Bust? The Trump Team Has a Job For You”
Here. An excerpt:
The IG report concluded that the loan guarantee “departed from” department guidelines but didn’t find any criminal violations. A federal grand jury investigated the episode, according to a spokeswoman for the IG, but did not hand up any indictments.
Still, the fiasco generated criticism both inside the tribe, according to the IG’s report, and outside. Said Arvind Ganesan, the director of Human Rights Watch’s Business and Human Rights Division, who researched the deal as part of a broader report on the Lower Brule Sioux: “It’s pretty disturbing that he’s now in charge of a department that’s being sued over a deal that he arranged and that went so badly.“
Link to Human Rights Watch report on the Lower Brule Sioux issues here.
Link to OIG report here.
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