tribal courts – Page 90

Federal Court Orders Exhaustion of Tribal Remedies in Claim against Western Sky-Related Lenders

February 2, 2015Matthew L.M. Fletcher

Here are the materials in Brown v. Western Sky Financial LLC (M.D. N.C.):

92 Payday Financial Motion to Dismiss

94 Cashcall Omnibus Motion to Dismiss

97 Brown Response to Payday Financial

100 Brown Response to Omnibus Motion

102 Reply in Support of Omnibus Motion

103 Reply in Support of Payday Financial Motion

116 DCT Order on Exhaustion

An excerpt:

For the reasons described in detail in this Memorandum Opinion and in order to ensure that this matter is before the proper tribunal, this court finds most persuasive the cases holding tribal court exhaustion appropriate on the threshold issue of tribal court jurisdiction. Therefore, Defendants’ Motion to Dismiss for Lack of Personal Jurisdiction (Doc. 91) will be denied without prejudice pending the determination of tribal court jurisdiction. Defendants’ Omnibus Motion (Doc. 93) will be granted in part in light of this court dismissing current proceedings without prejudice pending tribal court exhaustion and denied in part in that this court will not compel arbitration at this time.

We posted on this case a while back here.

“An Annotated Timeline of the Navajo Presidential Election Dispute”

January 30, 2015Matthew L.M. Fletcher

From Paul Spruhan on SSRN.

Indian Law Jobs in New Mexico Bar Bulletin

January 30, 2015Matthew L.M. Fletcher

Here.

I saw postings for an Isleta Pueblo judge and a Jicarilla water law attorney.

Tulalip Tribal Court Dismisses State Law-Based Tort Claim against Tribal Business

January 26, 2015Matthew L.M. Fletcher

Here is the opinion in Jackson v. Tulalip Tribes of Washington (Tulalip Tribal Court):

Jackson v v Tulalip

NAICJA Announcement: “Developing Tribal Justice Systems in a Public Law 280 State”

January 22, 2015January 22, 2015Matthew L.M. Fletcher

Join the National American Indian Court Judges Association and the American Indian Law Center for the second in a series of four upcoming webinars on Emerging Practices in Civil Legal Assistance and Criminal Indigent Defense. The goal of these webinars is to share four emerging practices that incorporate the philosophy, values, and characteristics of successful and effective legal assistance practices. These webinars will also share and highlight multiple programs that are currently implementing these practices.

Webinar 2 – “Developing Tribal Justice Systems in a Public Law 280 State” Continue reading →

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)