Tag Archives: Eastern District of Virginia

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

Here is the opinion. Briefs here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Tribal Codes | Tagged , , , , ,

Fourth Circuit Oral Argument Audio in Williams v. Big Picture

Here. Briefs here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Tribal Codes, tribal courts | Tagged , , , , ,

Fourth Circuit Briefs in Williams v. Big Picture Loans

Here: appellant brief williams appellee brief center for responsible lending amicus brief conference of tribal lending commissioners amicus brief States Brief ncai amicus brief Redacted Reply Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity, Tribal Codes, tribal courts | Tagged , , , , ,

Materials in Williams v. Big Picture Loans LLC [Lac Vieux Desert Ojibwe Enterprise]

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.): 23 big picture mtd jurisdiction 27 big picture mtd exhaustion 29 tribal officials mtd 83 opposition to 23 86 opposition to 27 87 opposition to 29 99 … Continue reading

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , , ,

Virginia Federal Court Confirms Immunity of Tribal Sovereign Lending Entity

Here are the materials in Howard v. Plain Green (E.D. Va.): 14 Motion to Dismiss 18 Response 19 Reply 21 Magistrate Report 22 DCT Order

Posted in Author: Matthew L.M. Fletcher, economic development, Research, sovereign immunity | Tagged , , ,

DOJ Wins Motion to Dismiss in NCFA v. Jewell (2015 Guidelines Litigation)

This is a big win–the Judge dismissed all claims, including the equal protection and substantive due process ones. In addition, there’s good language for the eventual ICWA regulations. Here is the order. This Court GRANTS Defendants’ Motion to Dismiss For Lack … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , | 4 Comments

Briefing Completed in Nat’l Council for Adoption v. Jewell (Guidelines Litigation) on Motion to Dismiss

Hearing on the matter is set for 11/13. Government’s Reply Brief here. Even if BAF’s claims were not precluded by the Memorandum Opinion, however, they would fail in their own right. BAF does not have standing, either for itself or to … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , , , , ,

DOJ Prevails in Partial Motion for Summary Judgment in NCFA v. Jewell (Guidelines Litigation)

Order was issued on September 29th, but the Memorandum Opinion was issued today. This Court DENIES Plaintiffs’ for Partial Summary Judgment because (1) Plaintiffs lack standing to challenge the 2015 Guidelines, (2) the 2015 Guidelines are not “final agency action” within … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged , ,

Government’s Motion to Transfer Venue in Nat’l Council for Adoption v. Jewell (ICWA Guidelines Litigation) Denied

The Feds wanted to move the case to Arizona (the location of Goldwater v. Washburn, the class action case). Order here. Pleadings: MotiontoTransfer_MemoinSupport MotioninOppositiontoXfer ReplyinSupportMotiontoXfer Here is the Government’s answer to the initial complaint: 43 – Answer The plaintiffs also filed … Continue reading

Posted in Author: Kate E. Fort, Child Welfare, ICWA | Tagged ,

Fourth Circuit Briefs in Arbitration Case Arising from the Wreckage of Western Sky

Here are the briefs in Hayes v. Delbert Services Corp.: Hayes Brief Delbert Services Brief Amicus Brief Lower court materials here.

Posted in Author: Matthew L.M. Fletcher, Research, tribal courts | Tagged , , , , , , | 1 Comment