Split Ninth Circuit Panel Decides Brice v. Plain Green LLC

Here is the opinion.

Here are the briefs:

Plain Green Brief 19-17414 – 19-17477

Plain Green Brief 19-15707

Amicus Brief

Brice Brief 19-17414 – 19-17477

Brice Brief 19-15707

Reply

Lower court materials here.

Federal Court Rejects Immunity Defense in Tribal Payday Lending Matter

Here are the relevant materials in Brice v. Stinson (N.D. Cal.):

182 Motion for Summary Judgment

197 Opposition

216 Reply

236 DCT Order

An excerpt:

Plaintiffs seek summary judgment on defendants’ third affirmative defense; that some defendants are protected by or some claims extinguished by tribal immunity. In their opposition, defendants admit they personally “are not entitled to assert or invoke sovereign immunity as a defense to these claims” but nonetheless argue plaintiffs’ litigation “of these claims against shareholders of entities providing contractual services to those lenders is a significant infringement on the sovereignty of the tribes. . . . .” Dkt. No. 197 at 22. Defendants miss the point. The claims here hinge on the personal conduct of the defendants. While that conduct is based in significant part on the services defendants personally engaged in or approved to be provided to the Tribes, the claims do not impede on the sovereignty of the Tribes where the Tribes are not defendants in this case and no Tribal Entities remain. Absent apposite caselaw or facts showing how this action “interferes with the purpose or operation of a federal policy regarding tribal interests,” tribal immunity is irrelevant to this action.

Sovereign Lending Tribe Wins Partial Victory in Conn. SCT

Here is the opinion in Great Plains Lending LLC v. State of Conn. Dept. of Banking:

Connecticut SCT Opinion

Briefs here.

Harvard Law Review Casenote on Williams v. Medley Opportunity Fund II [tribal payday lending]

Here is “Williams v. Medley Opportunity Fund II, LP: Third Circuit Rules that Tribal Payday Lenders Cannot Compel Arbitration.”

We posted the materials on this case here.

Connecticut SCT Briefs in Great Plains Lending LLC v. State of Connecticut Dept. of Banking

Here:

Great Plains Brief

State Brief

Great Plains Reply

State Reply

Prior post here.

Oklahoma Tribes Sue Interior over Gaming Compact Approvals

Here is the complaint in Cherokee Nation v. Dept. of the Interior (D.D.C.):

1 Complaint

1-1 Comanche Gaming Compact

1-2 Otoe-Missouria Gaming Compact

Update:

26 Amended Complaint

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

Third Circuit Rejects Tribal Sovereign Lending Arbitration Demand

Here are the materials in Williams v. Medley Opportunity Fund II:

opinion-1.pdf

red-stone-appellant-brief.pdf

nafoa-amicus-brief.pdf

appellee-brief-1.pdf

american-assn-of-justice-amicus-brief.pdf

red-stone-reply.pdf