Fourth Circuit

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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

Matthew L.M. Fletcher

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.

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

Matthew L.M. Fletcher

Here is the opinion.

Briefs here.

Fourth Circuit Oral Argument Audio in Williams v. Big Picture

Matthew L.M. Fletcher

Here.

Briefs here.

Fourth Circuit Briefs in Williams v. Big Picture Loans

Matthew L.M. Fletcher

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.

Fourth Circuit Rejects Western Sky-Related Claims

Matthew L.M. Fletcher

Here are the materials in Dillon v. BMO Harris Bank:

Opinion

Opening Brief

Response Brief

Reply Brief

Lower court materials here.

 

National Council for Adoption Case Vacated and Remanded

Kate Fort

This case was the challenge to the 2015 BIA ICWA Guidelines. The case was dismissed at the district court level, and NCFA appealed the case to the Fourth Circuit. Earlier this week, the appellants motioned to vacate, and today the court granted it. Given the BIA withdrew the 2015 Guidelines and they are no longer in effect, this makes sense.

Motion to Vacate

Order

This does mean the lower court decision is no longer precedent, to the extent we used it as such.

Lumbee Tribal Members Amicus Brief in Challenge to North Carolina’s Voter ID Law

Matthew L.M. Fletcher

Here is the brief of Pearlein Revels, Louise Mitchell, Eric Locklear, and Anita Hammonds Blanks in Support of Plaintiffs in North Carolina State Conference of the NAACP v. McCory:

Amicus Brief

One of our great friends Jeanette Wolfley is counsel for amici!

Amicus Briefs in Pro-Football v. Blackhorse (4th Cir.)

Sarah M Donnelly

59 Brief of Amici Curiae Native American Organizations in Support of Appellees

60 Brief of the Navajo Nation as Amicus Curiae in Support of Defendants-Appellees

61 Brief of Amici Curiae Fred T. Korematsu Center for Law and Equality, National Native American Bar Association, National Asian Pacific American Bar Association, Native Hawaiian Bar Association, and California Indian Law Association in Support of Defendants-Appellees and Affirmance

Link to previous postings in the trademark case here.