Here:
Plaintiffs’Letter re: Order to Show Cause
Complaint here.
economic development
Tribal Payday Lenders’ Complaint against New York State Dept. of Financial Services
Here is the complaint in Otoe-Missouria Tribe v. New York State Dept. of Financial Services (S.D. N.Y.):
Press Release on Federal Complaint against New York DFS over Tribal Payday Lending
Here.
WASHINGTON (August 21, 2013) — After recent actions by New York Department of Financial Services (DFS) Administrator Benjamin Lawsky to unlawfully intimidate Native American tribes and the legal and licensed businesses they run, a coalition of Tribes has filed a complaint today with the United States District Court Southern District of New York requesting an injunction against Lawsky’s efforts. The tribes filing the lawsuit are members of the Native American Financial Services Association (NAFSA).
“Defendant Lawsky and the State of New York have overstepped their bounds with their illegal attacks on our tribes,” said Barry Brandon, Executive Director of the Native American Financial Services Association (NAFSA). “His actions are a flagrant denial of our rights as sovereign entities, and today, we are fighting back to defend these rights.”
“We have enjoyed these sovereign rights for centuries predating even the United States,” Brandon continued. “They have been established and reinforced by Constitutional law, federal legislation, and a long history of legal rulings. Our actions today will protect the sovereign rights of Native American tribes and their wholly-owned businesses from extraterritorial attempts to impose New York State laws on transactions governed by tribal law.”
“This is a straightforward case that is about the real world importance of Native American sovereign rights,” said David Bernick of Boies, Schiller & Flexner, LLP, who serves as Counsel of Record for the action. “Defendant Lawsky knows that he doesn’t have the authority to regulate and limit tribes’ sovereignty, which is why the Department of Financial Services has instead gone after tribes’ banking relationships. Since Defendant Lawsky has turned a blind eye to hundreds of years of precedent, he has left tribes with only one clear path: go to the courts to protect these very old and highly-respected rights.”
The complaint argues that tribes will suffer irreparable injury absent injunctive relief, as Defendant Lawsky’s intimidation tactics against banks and third-party processors have already led to significant harm to tribes’ business relationships. As a result, critical funding for government operations on tribal lands, such as health care, social services, and education will be severely impacted. Funding from these businesses can make up 25% of tribal operating budgets, at a minimum.
The lawsuit was filed on behalf of the Otoe-Missouria Tribe, a federally-recognized Indian Tribe; Great Plains Lending, LLC, a wholly-owned tribal limited liability company; American Web Loan, Inc., a wholly-owned tribal corporation; Otoe-Missouria Consumer Finance Services Regulatory Commission, a tribal regulatory agency; Lac Vieux Desert Band of Lake Superior Chippewa Indians, a federally-recognized Indian Tribe; Red Rock Tribal Lending, LLC, a wholly-owned tribal limited liability company; and the Lac Vieux Desert Tribal Financial Services Regulatory Authority, a tribal regulatory agency. Benjamin M. Lawsky, in his individual capacity and in his official capacity as Superintendent of the New York State Department of Financial Services, has been named as the Defendant.
David Bernick of Boies, Schiller & Flexner, LLP, is serving as Counsel of Record for the action with Robert Rosette serving as co-counsel and attorney representing the two tribes.
About NAFSA
The Native American Financial Services Association (NAFSA) formed in 2012 to advocate for Native American sovereign rights and enable tribes to offer responsible online lending products. Through the protection of consumer rights and sovereign immunity, NAFSA provides vital services to tribally operated lenders serving the under-banked with better short term financial services, furthering economic development opportunities in Indian Country. Continue reading
Federal Court Dismisses Grand Canyon Skywalk Development Complaint Seeking Arbitration against Hualapai Tribe
Here are the materials in Grand Canyon Skywalk Development LLC v. Hualapai Indian Tribe of Arizona (D. Ariz.):
DCT Order Denying Motion to Compel Arbitration
Amended Complaint Exhibit Set 1
Amended Complaint Exhibit Set 2
Greenberg Traurig Opposition to Motion to Disqualify
Hualapai Reply in Support of Motion to Disqualify
Hualapai Reply in Support of MTD
From the opinion:
Defendants Hualapai Indian Tribe and seven named members of the Hualapai Tribal Council have filed a motion to dismiss Plaintiff Grand Canyon Skywalk Development, LLC’s (GCSD) first amended complaint to compel arbitration. Doc. 19; see Doc. 18. The motion has been fully briefed. Docs. 21, 29. Defendants also have filed a motion to disqualify Greenberg Traurig (GT) as counsel for GCSD and for related orders protecting theTribe’s confidential information. Doc. 25. GT has filed a response in opposition which GCSD joined. Docs. 43, 37. For the reasons that follow, the Court will grant Defendants’ motion to dismiss GCSD’s first amended complaint, and deny Defendant’s motion to disqualify GCSD’s counsel and for related orders.
Prior post on this specific suit is here.
Federal Indictment of 18 Individuals for Smuggling Smokes to Seneca Cayuga Tobacco, Ho-Chunk Inc., Etc.
Here is the indictment in United States v. Sheffler (W.D. Mo.):
News coverage here.
Idaho SCT Affirms Jurisdiction over Native Wholesale Supply
Here is the opinion.
The court’s summary:
In an appeal from Ada County, the Supreme Court affirmed the decision of the district court that the State of Idaho can regulate the importation of cigarettes onto reservations located in Idaho and that the State has personal jurisdiction over non-resident defendant Native Wholesale Supply Company. The Supreme Court reversed the district court’s decision that Native Wholesale Supply Company is required to obtain a wholesaler permit for its sales to a tribal-owned retailer on the Coeur d’Alene reservation.
News coverage here.
Confederated Salish and Kootenai Tribe set to acquire Kerr Hydroelectric Project in 2015
In September 2015, the Confederated Salish and Kootenai Tribes’ corporation, Energy Keepers, Inc. (EKI), plans to acquire the Kerr Hydroelectric Project. While the purchase price is still under dispute, the tribal news is publishing a series of articles to educate tribal members (and other interested parties) on the history of this deal, as well as the steps that EKI is taking to be prepared to manage this project.
According to the Char-Koosta News:
The Tribes fought hard for the right to acquire the Project when the last FERC license was issued in 1985. For several decades, this opportunity has been seen by successive Tribal Councils as a primary option for CSKT’s future economic development and self-sufficiency. Acquisition of the Kerr Project is also an important way for the Tribes to manage and reclaim natural resources that are critical to the Salish, Kootenai and Pend d’Oreille peoples of the Flathead reservation.
Today, only two years from the opportunity to own and operate the Kerr Project, EKI, the Tribally owned corporation responsible for the management of the Kerr Dam acquisition process, is in full swing– evaluating, planning and preparing for the conveyance of this major hydroelectric facility.
The first three articles in the series are available on the Char-Koosta News site:
The Twists and Turns of Acquiring Kerr Dam here.
Conveyance of Kerr Dam Continues to Move Along here.
Due Diligence on Kerr Dam: Structural Evaluation here.
This is an exciting opportunity for the Confederated Salish-Kootenai Tribe, and I plan to keep checking the Char-Koosta News site to see how this project is progressing.
Thanks to NG
Nooksack Petition for Review in Sovereign Immunity Appeal
Here are the materials in the petition stage of Outsource Services Management LLC v. Nooksack Business Corp.:
Nooksack Petition for Review + Appendix
Lower court materials here.
Fort Sill Apache Industries Loses In Its Claims of Conversion/Fraud in Government Contracting Dispute
Here is the federal court’s order in Fort Sill Apache Industries v. Mott (E.D. Va.):
DCT Order Granting Defendants Motion
An excerpt:
In this civil action, which has been fully tried to the bench, plaintiff Fort Sill Apache Industries (“FSAI”) seeks to recover compensatory and punitive damages from defendant Deborah Evans Mott (“Mott”) based on claims of Conversion (Count I), Breach of Fiduciary Duty (Count II), Deceit by False Representation (Count III), Deceit by Nondisclosure and Concealment (Count IV), Actual Fraud (Count V), and Constructive Fraud (Count VI). During the bench trial, defendant orally moved for judgment as a matter of law under Fed. R. Civ. P. 52(c), on the ground that all of plaintiff’s tort claims against Mott in her individual capacity are actually contractual disputes with Mott’s employer, Team Systems International, Inc. (“TSI”), over the amounts billed for services performed pursuant to several contracts between the two corporate entities. Citing well-established Virginia case law, Mott argues that all of FSAI’s claims against her fail and that judgment should be entered in her favor. FSAI contends in response that Mott personally took on fiduciary duties and other responsibilities for which she is individually liable by acting as FSAI’s Chief Financial Officer (“CFO”) and by virtue of her level of access to one of FSAI’s bank accounts, including the use of a debit card linked to that account. FSAI also orally moved for inferences adverse to defendant because of alleged spoliation of evidence. The Court took both motions under advisement and in the weeks following the bench trial, the parties fully briefed these motions. This Memorandum Opinion constitutes the Court’s findings of fact and conclusions of law supporting the decision to grant defendant’s motion and deny plaintiff’s motion as moot.
Book Announcement: “Strategies and Methods for Tribal Economic Development”
Each year, billions of dollars of funding and technical assistance are available to native governments, businesses, and individuals for a wide variety of economic and community development activities. From multi-million dollar tax-exempt bonds to microloans, tribal governments and businesses can access capital from public and private sources to create companies, construct housing, produce energy, build infrastructure—essentially any element of an economic development program. Written by an internationally recognized legal expert and educator, Strategies and Methods for Tribal Economic Development provides strategic-level guidance for tribal economic development planning, along with connections to available funding and resources for implementing the selected strategies. Each chapter includes website addresses for the specific programs being discussed, allowing the reader to go directly from the program description to the online link for the program in one step. The book also offers practical advice for combining multiple funding sources and support services into a comprehensive development approach. For tribal leaders and businesses interested in pursuing opportunities in native communities, Strategies and Methods for Tribal Economic Development is an invaluable resource for planning and implementing programs for sustainable economic growth.
Text here:
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