Fourth Circuit Briefs in Williams v. Martorello [Tribal Lending]

Here:

Lower court materials here.

Proposed Settlement Agreement in Class Action Suit against Tribal Lending Businesses Formed by Habematolel Pomo of Upper Lake,

Here is the motion to approve the settlement in Hengle v. Asner (E.D. Va.):

Cert Petitions Filed on Habematolel Pomo of Upper Lake Internet Lending

Here is the petition in Treppa v. Hengle:

Appendix

Treppa Application for Stay

Hengle Opposition

Reply

Questions presented:

  1. Whether a court can invalidate an agreement to have an arbitrator resolve questions of arbitrability (a “delegation clause”) based on the court’s interpretation of a separate choice-of-law provision.
  2. Whether sovereign immunity bars private plaintiffs from suing tribal government officials, in their official
    capacities, for alleged violations of state law

Lower court materials here.

In the tule swamp–upper lake Pomo [LOC]

Here is the petition in a related case, Asner v. Hengle:

Question presented:

Can a federal court refuse to enforce the delegation clause of an arbitration agreement on the ground that a choice-of-law provision applicable to the arbitration agreement as a whole prospectively waives federal rights?

Federal Court Certifies Class in Williams v. Big Picture Loans

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.) (this case is on remand from the Fourth Circuit):

960 DCT Order re Motion for Protective Order

968 Motion to Certify Class

1007 Opposition to 968

1055 Reply in Support of 968

1090 DCT Order Denying Motion for Stay Pending Appeal

1106 DCT on Motion to Certify Class

1110 Memorandum Opinion

Prior post here.

Federal Court Finds Factual Misrepresentations Made to Fourth Circuit in Williams v. Big Picture Loans LLC

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.) (this case is on remand from the Fourth Circuit):

599 DCT Order

601 DCT Order

613 Martorello Statement of Position

624 Williams Response to 613

784 Williams Statement of Position

910 Williams Supplemental Memorandum

944 DCT Order

Excerpts: Continue reading

Fourth Circuit Briefs in Case Involving Tribal Sovereign Lending of Habematolel Pomo of Upper Lake

Here are the briefs in Hengle v. Treppa:

Appellant Brief

Habematolel Pomo of Upper Lake Consumer Financial Services Regulatory Commission Amicus Brief

NAFOA Amicus Brief

New Mexico Amicus Brief

Hengle Brief

Treppa Reply

Hengle Reply

Oral argument audio.

Lower court materials here.

Federal Court Certifies Tribal Lending Case for Interlocutory Appeal

Here are materials in Hengle v. Asner (E.D. Va.):

Federal Court Allows Class Action against Tribal Sovereign Lending of Habematolel Pomo of Upper Lake to Proceed

Here are the materials so far in Hengle v. Asner (E.D. Va.):

54 Amended Complaint

58 Asner Motion to Compel

60 Asner Motion to Dismiss

63 Tribal Officials Motion to Compel

65 Tribal Officials Motion to Dismiss

76 Tribe Amicus Brief

95 Response to 76

96 Response to 63

97 Response to 58

98 Response to 65

99 Response to 60

102 Amicus Brief of Tribal Amici Curiae

103 Reply in Support of 58

104 Reply in Support of 60

105 Reply in Support of 63

106 Reply in Support of 65

107 Response to 102

109 DCT Order

Fourth Circuit Favors Tribal Immunity in Williams v. Big Picture Loans LLC

Here is the opinion.

Briefs here.