Federal Court Allows RICO Action against Crow Health Care Center to Proceed (for now)

Here are the materials in Wilhite v. Littlelight (D. Mont.):

Post in related case here.

Cert Petition by Convicted RICO Defendant in Payday Lending Scheme Invoking Tribal Immunity

Here is the petition in Neff v. United States:

neff-cert-petition.pdf

us-waiver-letter.pdf

Questions presented:

1. Does a misrepresentation about the true identity of the owner of a business during settlement negotiations to resolve a civil lawsuit constitute a scheme to defraud the litigant of money or property in violation of the mail and wire fraud statutes?
2. Is the doctrine of tribal sovereign immunity wholly inapplicable in a circumstance where payday loans are made by a Native American tribe in affiliation with an entity acting as an “arm of the tribe” where such loans are made at interest rates in excess of state regulations, thus rendering the loans ipso facto unlawful debts in violation of the RICO statute?
3. Does the government have to prove willfulness to establish a RICO conspiracy to collect an unlawful debt?
Lower court materials here.

Federal Court Certifies Tribal Lending Case for Interlocutory Appeal

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

Pinoleville Pomo Nation v. JW Gaming Development LLC Cert Petition

Here:

petition-for-a-writ-of-certiorari.pdf

appendix.pdf

Question presented:

Whether an Indian tribe’s governing body can be stripped of its sovereign immunity from suit for actions taken by its members in their official capacities, as long as a plaintiff merely names the members individually and those officials will be bound by any judgment entered.

Lower court materials here.

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

Summary Judgment Pleadings in Pinoleville Pomo Nation Gaming Dispute

Here are the materials in JW Gaming Development LLC v. James (N.D. Cal.):

129 Tribal Motion for Summary J

136 JW Gaming Cross Motion

146 Tribal Reply

147 JW Gaming Reply

Prior posts here.

Ninth Circuit Confirms Pineoleville Pomo Nation’s Officials Face Potential Individual Liability under RICO

Here is the unpublished opinion in JW Gaming Development LLC v. James.

Materials here.

Late Summer Update in Williams & Cochrane v. Quechan & Rosette Litigation

Here are the new materials in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

216 DCT Order Dismissing W&C Reply Claim

217 DCT Order Dismissing Claims against Rosette

Prior posts here.

UPDATE (12/16/19):

219-1 Motion for Reconsideration of 216

220 Fourth Amended Complaint

227 WC Motion for Judgment on Pleadings on Counterclaims

236 Quehan Response to 219

237 Reply in Support of 219

247 DCT Order Denying Motion for Reconsideration

Canadian First Nation’s Payday Lending Partners’ Convictions for RICO Violations in US Affirmed by Third Circuit

Here is the unpublished opinion in United States v. Neff:

Opinion

Briefs:

Hallinan Brief

Neff Brief

US Brief

Neff Reply

Hallinan Reply

Pinoville Pomo Nation Petition to Ninth Circuit to Halt Discovery Pending Appeal Fails

Here is the unpublished opinion in In re Pinoville Pomo Nation [Pinoville Gaming Authority v. United States District Court].

Here are the briefs:

Petition for Writ of Mandamus

Motion to Stay

Answer to Petition

Opposition to Motion for Stay

Reply

The appeal docs are here.