Martorello v. Williams Cert Petition [tribal sovereign lending]

Here:

Questions presented:

1. Whether the Indian Commerce Clause preempts state regulation of loans made on an Indian reservation, by an arm of a tribe, when the borrower contracts via the internet.

2. Whether a violation of the unlawful debt prohibition of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. § 1962, requires scienter for civil liability.

Lower court materials here.

Someone’s either been playing Galaga or reading Gorsuch, or both.

Florida Federal Court Dismisses False Claims Suit against Miccosukee Gaming Operation

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

Fourth Circuit Decides Williams v. Martorello

Here are the briefs:

Opinion here.

Lower court materials here.

Eleventh Circuit Decides Muscogee (Creek) Nation v. Rollin [Hickory Creek]

Here is the opinion:

Briefs are here.

Borrower Class Prevails over Tribal Lending Operation’s (former?) Partner in Virginia Federal Court

Here are the materials in Williams v. Big Picture Loans LLC (E.D. Va.):

Prior posts here.

Eleventh Circuit Briefs in Muscogee (Creek) Nation v. Rolin [Hickory Creek]

Here:

Reply brief TK

Lower court materials here.

Utah Federal Court Allows Employment Claim against Skull Valley Tribal Officials to Proceed

Here are the materials in Skull Valley Health Care LLC v. NorStar Consultants (D. Utah):

North Dakota Federal Court Allows Challenge to Tribal TERO Suit to Proceed against TERO Officer

Here are the materials in Dakota Metal Fabrication v. Parisien (D.N.D.):

Fourth Circuit Affirms Certification of Class Action against Tribal Payday Lending Operation [that’s kinda what this case is now, kinda]

Here is the opinion in Williams v. Martorello.

An excerpt:

This class-action proceeding relates to a lending scheme allegedly designed to circumvent state usury laws. Matt Martorello appeals from three district court rulings that (1) reconsidered prior factual findings based on a new finding that Martorello made misrepresentations that substantially impacted the litigation, (2) found that the plaintiffs- appellees—Virginia citizens who took out loans (the “Borrowers”)—did not waive their right to participate in a class-action suit against him, and (3) granted class certification.
In particular, Martorello argues that the district court violated the mandate rule by making factual findings related to the misrepresentations that contradicted this Court’s holding in the prior appeal and then relying on those factual findings when granting class certification. He also contends that the Borrowers entered into enforceable loan agreements with lending entities in which they waived their right to bring class claims against him. In addition, he asserts that common issues do not predominate so as to permit class treatment in this case.
As explained below, we disagree with Martorello. We conclude that the district court did not violate the mandate rule and that the Borrowers did not waive the right to pursue the resolution of their dispute against him in a class-action proceeding. Finally, we conclude that the district court did not abuse its discretion in granting class certification because common issues predominate. Accordingly, we affirm the rulings of the district court.

Briefs here.

Lower court materials here.

Fourth Circuit Briefs in Williams v. Martorello [Tribal Lending]

Here:

Lower court materials here.