tribal courts – Page 90

Western Sky-Related Debt Collector Successfully Compels Arbitration in Virginia Case

January 22, 2015January 22, 2015Matthew L.M. Fletcher2 Comments

Here are the materials in Hayes v. Delbert Services Corp. (E.D. Va.):

An excerpt:

This matter cornes before the Court on the defendant’s motion [2] to dismiss the amended complaint or, alternatively, to compel arbitration. (Dk. No. 30.) The plaintiffs, borrowers from internet payday lender Western Sky Financial, LLC, brought this action on behalf of themselves and others similarly situated against Delbert Services Corporation, a third-party debt collecter. The plaintiffs allege Delbert violated the Fair Debt Collection Practices Act (“FDCPA”) and the Telephone Consumer Protection Act (“TCPA”) in the course of its collection efforts. Delbert moves to dismiss based on the Loan Agreements’ forum-selection clause or on the basis of the tribal exhaustion doctrine. Alternatively, Delbert moves to compel arbitration.

The forum-selection clause does not reach third-party debt collectors such as Delbert, and the doctrine of tribal exhaustion does not apply under the facts of this case. The language of the arbitration agreement, however, covers disputes with third-party debt collectors.

Accordingly, the Court GRANTS the motion to compel arbitration under the terms of the Loan Agreement and DISMISSES the claim without prejudice.

Kate Fort & Peter Vicaire on Child Welfare and American Indian Active Duty Servicemembers and Veterans

January 21, 2015January 21, 2015Matthew L.M. Fletcher1 Comment

Kathryn E. Fort and Peter S. Vicaire have posted “The Invisible Families: Child Welfare and American Indian Active Duty Servicemembers and Veterans,” forthcoming in the Federal Lawyer.

The abstract:

Child welfare issues as they involve Native military families are rarely discussed. In the recent case of Adoptive Couple v. Baby Girl, the Supreme Court erased them entirely. The federal government, tribes and states can address issues affecting Native military families in a number of ways discussed in this article, including:

• Kinship placement in contested adoptions put on hold due to deployment;

• Ensuring Memorandums of Understanding between military bases and states include reference to the Indian Child Welfare Act (ICWA);

• Identifying and educating attorneys — including Judge Advocates — on both ICWA and the Servicemembers Civil Relief Act;

• Training Veteran Treatment Court judges on issues specific to Native veterans;

• Modeling specialized state Indian Child Welfare Act dockets on Veteran Treatment Courts;

• Opening conversations between child welfare courts and veterans courts, and assigning one judge per family;

• Encouraging the development of tribal court veterans treatment dockets and engaging with the Veterans Administration (VA) through Veteran Justice Outreach Specialists (VJOs)

Tenth Circuit Briefs in Harvey v. Ute Indian Tribe (Federal Removal; Tribal Jurisdiction)

January 21, 2015February 17, 2015Matthew L.M. Fletcher1 Comment

Here:

Appellant Brief

Appellee Brief

Reply Brief

Lower court materials here.

Two Indian Law Articles in Newest Volume of Arizona State Law Journal

January 19, 2015February 26, 2015Matthew L.M. Fletcher

Here:

Reid Peyton Chambers’ Canby Lecture, “REFLECTIONS ON THE CHANGES IN INDIAN LAW, FEDERAL INDIAN POLICIES AND CONDITIONS ON INDIAN RESERVATIONS SINCE THE LATE 1960s,” is available in pdf here.

And Matthew L.M. Fletcher’s “A UNIFYING THEORY OF TRIBAL CIVIL JURISDICTION” is available in pdf here and here.

Big Legal Battle Brewing over Colorado River Indian Tribes California-Side Reservation

January 16, 2015Matthew L.M. Fletcher1 Comment

From the L.A. Times, here is “Holdouts, tribes clash over border of Colorado River reservation.”

The materials so far in French v. Starr (D. Ariz.):

54 Tribal Motion for Summary J

76 French Response to US Amicus

81 Proposed California Amicus Brief

83 Opposition to Proposed Amicus

Harvard Law Review Comment on Dollar General v. Mississippi Band of Choctaw Indians

January 15, 2015Matthew L.M. Fletcher

Here is “Dolgencorp, Inc. v. Mississippi Band of Choctaw Indians Fifth Circuit Disclaims Independent Obligation to Ensure that Tribal Courts Have Subject Matter Jurisdiction in Disputes Involving Nonmembers.”

Suit against Western Sky/Butch Webb to Proceed

January 7, 2015Matthew L.M. Fletcher

Here are the materials in Scherr v. Western Sky Financial (N.D. Ill.):

40-1 Western Sky Motion to Dismiss

47 Response

48 Western Sky Reply

51 DCT Order

Ninth Circuit Holds Strate Governs Navajo Civil Jurisdiction over Nonmembers on State Highways

December 29, 2014December 27, 2014Matthew L.M. Fletcher3 Comments

Here is the unpublished memorandum. An excerpt:

Appellants conceded at oral argument that the Navajo Nation has not retained the right to exclude nonmembers on U.S. Highway 160. Consequently, the highway is the equivalent of non-Indian fee land for jurisdictional purposes, and this case is governed by Strate v. A-1 Contractors, 520 U.S. 438 (1997). See Strate, 520 U.S. at 455-56.

Briefs and oral argument materials here.

Federal district court materials here.

Tribal court materials here.

Eighth Circuit Rules Omaha Indian Reservation Not Diminished

December 19, 2014Matthew L.M. Fletcher3 Comments

Here is the opinion. An excerpt:

Based upon the record evidence, the district court in this matter has done just that–accurately discerned the contemporaneous intent and understanding of the 1882 Act. The court carefully reviewed the relevant legislative history, contemporary historical context, subsequent congressional and administrative references to the reservation, and demographic trends, and did so in such a fashion that any additional analysis would only be unnecessary surplus. Ever mindful to “resolve any ambiguities in favor of the Indians,” there is nothing in this case to overcome the “presumption in favor of the continued existence” of the Omaha Indian Reservation. Yankton Sioux Tribe, 522 U.S. at 344 (quotation omitted); Yankton Sioux Tribe v. Podhradsky, 606 F.3d 985, 991 (8th Cir. 2010) (quotation omitted).

Briefs here.

Lower court materials here.

Legal Aid of Nebraska Seeking DV Attorney for Native American Victims

December 19, 2014Matthew L.M. Fletcher

Here:

Attention – Attorney Position Open

Legal Aid of Nebraska, a law firm providing free civil legal services to low-income persons, seeks an attorney to serve Native American victims of domestic violence in Western Nebraska. Must be admitted to practice in Nebraska or have a Nebraska license pending, and be licensed or willing to become licensed in the Ponca, Winnebago, Omaha and Santee Tribal Courts. This position entails extensive travel throughout panhandle and Cherry counties. Duties will include but will not be limited to: provide assistance to members of the Omaha, Ponca, Santee, and Winnebago and to other Native Americans who are victims of domestic violence primarily residing in the panhandle and Cherry counties. This position entails providing training to law enforcement; making community presentations; conducting outreach to Native American victims of domestic violence; developing culturally appropriate materials providing legal information and information about Legal Aid of Nebraska’s Native American Project and domestic violence; fostering relationships with the Tribes, tribal members, domestic violence agencies and other service providers. The attorney in this position also provides quality and aggressive representation of low-income Native American domestic violence victims who are clients of LAN primarily in state court, and, engages in the day-to-day practice of law according to the priorities and practices set by Legal Aid of Nebraska. Ideal candidate will possess expertise in the area of domestic violence and demonstrate skill in tribal court practice or connection to Native American issues. This is a full-time position requiring a committed individual. Company cell phone and laptop will be provided. Location in Scottsbluff, Nebraska.

Legal Aid of Nebraska offers excellent supervision, training and support, and state-of-the-art technology. Loan assistance repayment may be available assuming eligibility for Legal Aid’s repayment program. Experience-based competitive salary. Excellent benefits package. Please send resume, references, writing sample and cover letter via email to: Muirne Heaney, Legal Aid of Nebraska, Interim Director of Litigation and Advocacy, at mheaney@legalaidofnebraska.com. EOE. Position open until filled.

Annette Farnan
Interim Executive Director