Second Circuit Briefs in Seneca Nation of Indians v. State of New York [gaming dispute arbitration award]

Here:

Seneca Brief

New York Brief

Reply

Lower court materials here.

Cayuga Nation Prevails over Village in Gaming Case

Here is the opinion in Cayuga Nation v. Tanner (N.D. N.Y.):

147-dct-order.pdf

Briefs here.

Update in Cayuga Nation Gaming Dispute with Village of Union Springs

Here are updated pleadings in Cayuga Nation v. Tanner (N.D. N.Y.):

101-amended-complaint.pdf

124-1-cayuga-motion-for-summary-j.pdf

131-village-response.pdf

132-village-motion.pdf

137-cayuga-response.pdf

140-union-springs-letter.pdf

141-cayuga-letter.pdf

142-village-letter.pdf

143-cayuga-letter.pdf

Prior posts here.

Second Circuit Rules Against King Mountain Tobacco in Tax Case

Here is the opinion in State of New York v. Mountain Tobacco Co. d/b/a King Mountain Tobacco Company, Inc.

Briefs here.

Sequoia Capital Operations LLC v. Gingras Cert Petition [Chippewa-Cree Sovereign Lending]

Here:

petitionforwritofcertiorari-3.pdf

Question presented:

Where an arbitration agreement contains a separate “delegation provision” that reserves for an arbitrator the authority to decide any disputes concerning arbitrability, does Section 2 of the Federal Arbitration Act require a court to decide any challenge to that provision’s validity before the court may proceed to address whether the parties’ underlying dispute is arbitrable?

Lower court materials here.

Update:

BIO: BriefInOpposition

Second Circuit Affirms in Gingras v. Think Finance Inc. [Chippewa Cree Lending]

Here is the opinion:

CA2 Opinion

From the court syllabus:

Plaintiffs Jessica Gingras and Angela C. Given borrowed money from Plain Green, LLC, an online lending operation owned by the Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation in Montana. The terms of their loan agreements provide for interest rates well in excess of caps imposed by Vermont law. Gingras and Given sued, alleging violations of Vermont and federal law. They seek an injunction against tribal officers in charge of Plain Green and an award of money damages against other Defendants. 

Some Defendants moved to dismiss, arguing that tribal sovereign immunity barred the suit. All Defendants moved to compel arbitration under the terms of the agreements. The district court (Geoffrey W. Crawford, Judge) denied both motions. We hold that tribal sovereign immunity does not bar this suit because Plaintiffs may sue tribal officers under a theory analogous to Ex parte Young for prospective, injunctive relief based on violations of state and substantive federal law occurring off of tribal lands. We further hold that the arbitration clauses of the loan agreements are unenforceable and unconscionable.

Briefs and link to lower court materials here.