Federal Court Requires Financial Planning Company to Exhaust Tribal Remedies

Here are the materials in United Planners Financial Services of America LLP v. Sac and Fox Nation (W.D. Okla.):

13 Housing Authority Motion to Dismiss

17 Sac & Fox Nation Motion to Dismiss

18 Response to 13

19 Housing Authority Reply

20 Response to 17

21 Sac & Fox Nation Reply

22 DCT Order

The complaint is here.

Tribal court materials are here.

 

Eleventh Circuit Briefs in Miccosukee Tribe v. Morgan Stanley

Here:

Miccosukee Opening Brief

Morgan Stanley Answer Brief

Miccosukee Reply Brief

Lower court materials here.

Sac and Fox Nation SCT Decides Sovereign Immunity Matter involving Contract Arbitration Clause

Here is the opinion in United Planners Financial Services of America v. Sac and Fox Nation:

Order APL-12-01

An excerpt:

There is nothing in the record indicating that the Business Committee met, voted, and approved by resolution or otherwise any specific arbitration clause with Broker or approved any broker agreement, by reference to a specific agreement, which contained an arbitration clause. We do not find any error with the District Court’s finding that authorized representatives of the Nation did execute the broker agreements with Broker. This is because certain officials of the Nation were authorized by resolution to “sell, assign and endorse for transfer, certificates representing stocks, bonds, or other securities now registered or hereafter registered in the name of this corporation.” (App. Rec. at 85-88). But this general approval to engage in broker activities does not rise to the level of an express approval of any arbitration clause or waiver of tribal sovereign immunity. Thus, while we find that the broker agreements were validly approved by the Nation, we do not find valid approval of the arbitration clause that would subject the Nation to be compelled to arbitrate.

Opening Eleventh Circuit Brief in Miccosukee v. Morgan Stanley

Here:

Miccosukee Opening Brief

Lower court materials here.

Federal Court Grants Morgan Stanley Motion to Compel Arbitration in Cypress RICO Suit

Here are the materials in Miccosukee Tribe v. Cypress (S.D. Fla.):

DCT Order Granting Morgan Stanley Motion

Morgan Stanley Motion to Dismiss

Miccosukee Opposition to Morgan Stanley Motion

Morgan Stanley Reply

Interesting question, whether the arbitration agreement signed by the former tribal chairman who now faces RICO charges from the tribe is valid or void ab initio. From the opinion:

Plaintiff, in opposition to being compelled to arbitrate its claims against Morgan Stanley Smith Barney, contends that Defendant Cypress, as the main co-conspirator in embezzling and misappropriating millions of dollars of the Miccosukee Tribe’s funds for his personal gain, was without authority to bind the Miccosukee Tribe, absent the knowledge and consent of the Miccosukee Tribe’s General Counsel, to arbitration, which effectively closes the federal courthouse doors to its claims against Morgan Stanley Smith Barney.

But the court rejected the argument:

If there is an absence of actual authority, Defendant Cypress certainly had apparently [sic] authority.