Fourth Circuit Affirms Certification of Class Action against Tribal Payday Lending Operation [that’s kinda what this case is now, kinda]

Here is the opinion in Williams v. Martorello.

An excerpt:

This class-action proceeding relates to a lending scheme allegedly designed to circumvent state usury laws. Matt Martorello appeals from three district court rulings that (1) reconsidered prior factual findings based on a new finding that Martorello made misrepresentations that substantially impacted the litigation, (2) found that the plaintiffs- appellees—Virginia citizens who took out loans (the “Borrowers”)—did not waive their right to participate in a class-action suit against him, and (3) granted class certification.
In particular, Martorello argues that the district court violated the mandate rule by making factual findings related to the misrepresentations that contradicted this Court’s holding in the prior appeal and then relying on those factual findings when granting class certification. He also contends that the Borrowers entered into enforceable loan agreements with lending entities in which they waived their right to bring class claims against him. In addition, he asserts that common issues do not predominate so as to permit class treatment in this case.
As explained below, we disagree with Martorello. We conclude that the district court did not violate the mandate rule and that the Borrowers did not waive the right to pursue the resolution of their dispute against him in a class-action proceeding. Finally, we conclude that the district court did not abuse its discretion in granting class certification because common issues predominate. Accordingly, we affirm the rulings of the district court.

Briefs here.

Lower court materials here.

Seventh Circuit Briefs in Mestek v. Lac Courte Oreilles Community Health Center [sovereign immunity]

Here:

Lower court materials here.

Sault Tribe/Kewadin Gaming Enjoined from Concealing or Dissipating Assets in Gaming Development Company Dispute [recall the $88M judgment]

Here is the order in JLLJ Development LLC v. Kewadin Casinos Gaming Authority (Mich. Cir. Ct.):

Prior post here.

California Federal Court Dismisses New Amended Complaint in Coyote Valley Contract Case

Here are the updated materials in Coyote Band of Pomo Indians v. Findleton (N.D. Cal.):

91 Second Amended Complaint

95 Motion to Dismiss

103 Combined Opposition

104 Reply in Support of 95

105 Reply in Support of 100

Prior post here.

SCOTUS Grants LDF v. Coughlin

Here is the order.

Cert stage briefs here.

Eighth Circuit Rejects Federal Tort Claim against US involving Rosebud Indian Health Clinic Employee Car Accident

Here is the opinion in Two Eagle v. United States.

The briefs:

Michigan State Court Order in Suit against Sault Tribe Gaming Entity, Orders $88M (!!) in Damages

Here is the order in JLLJ Development LLC v. Kewadin Casinos Gaming Authority (Mich. Cir. Ct.):

Prior post here.

Ninth Circuit Briefs in Tule Lake Committee v. FAA

Here:

Lower court materials here.

California COA Briefs in California Capitalism Association v. Marston

Here:

Wisconsin Court of Appeals Briefs in Matter Involving Taxation of Menominee Trust Land

Here are the briefs in Legend Lake Properties Owners Association Inc. v. Keshena: