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.

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

Here:

Lower court materials here.

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 Suit against MHA Nation-Affiliated Lending Business Stayed Pending Fourth Circuit Decision in Hengle v. Treppa

Here are the materials in Manago v. Cane Bay Partners VII LLLP (D. Md.):

40 Amended Complaint

73-1 Motion to Stay

76 Opposition

82 DCT Order Granting Motion for Stay

The briefs in Hengle v. Treppa are 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 Denies Enforcement of Tribal Payday Lending Arbitration and Governing Law Provisions in Two Decisions

Here are the materials in Gibbs v. Haynes Investments LLC:

Opinion

Gibbs Brief

Haynes Brief

NAFOA Amicus Brief

Reply

American Association for Justice Amicus Brief

Here are the materials in Gibbs v. Sequoia Capital Operations LLC:

Opinion

Sequoia Brief

NAFOA Amicus Brief

Gibbs Brief

Reply

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.