Virginia Federal Court Dismisses Nansemond Health Care Funding Suit against Virginia

Here are the materials in Nansemond Indian Nation v. Commonwealth of Virginia (E.D. Va.):

27 Motion to Dismiss

34 Opposition to 27

36 Reply ISO 27

39 DCT Order

Complaint here.

Fourth Circuit Decides Williams v. Martorello

Here are the briefs:

Opinion here.

Lower court materials here.

Nansemond Indian Nation’s Lawsuit against Govenor Youngkin and the Commonwealth of Virginia

Update:

Fourth Circuit Briefs in Winnebago Tribe v. Dept. of the Army

Here:

Winnebago Opening Brief

Joint Appendix

Federal Answer Brief

Great Plains Tribal Leaders Health Board Amicus Brief

Sisseton and Spirit Lake Amicus Brief

USET Amicus Brief

Reply

Lower court materials here.

Amicus Briefs here:

Virginia Federal Dismisses FMLA Suit against Navajo Business

Here are the materials in Butrick v. Diné Development Corp. (E.D. Va.):

Virginia Federal Court Dismisses Winnebago Effort to Reclaim Indian Children’s Remains

Here are the new pleadings in Winnebago Tribe of Nebraska v. United States Department of the Army (E.D.Va.):

45 Reply

50 DCT Order

Prior posts here and here.

Update in Winnebago Tribe Suit against the Army over Remains of Indian Child at Carlisle

Here are the new pleadings in Winnebago Tribe of Nebraska v. United States Department of the Army (E.D.Va.):

Winnebago Tribe of Nebraska Sues Army over Children’s Remains at Carlisle Indian School Grounds

Here is the complaint in Winnebago Tribe of Nebraska v. United States Department of the Army (E.D.Va.):

Borrower Class Prevails over Tribal Lending Operation’s (former?) Partner in Virginia Federal Court

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.):

Prior posts here.

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.