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.

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Here is the unpublished opinion in JW Gaming Development LLC v. James.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

Briefs in Short Term Loan/Sovereign Immunity Matter involving Lac Du Flambeau Ojibwe President

Here are the materials so far in Jones v. Wildcat (E.D. Pa.):

2019.06.07-docket-1-complaint-with-exhibits.pdf

2019.08.30-docket-9-wildcat-mtd.pdf

2019.09.23-22-jones-response-mtd.pdf

2019.09.23-22-1-jones-aff.pdf

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

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Here is the unpublished opinion in In re Pinoville Pomo Nation [Pinoville Gaming Authority v. United States District Court].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

Ninth Circuit Materials in JW Gaming Development v. James [Pinoleville Pomo Nation]

Here are the briefs:

opening-brief-2.pdf

answer-brief-1.pdf

reply-4.pdf

Lower court materials here.

Oral argument video:

Fourth Circuit Favors Tribal Immunity in Williams v. Big Picture Loans LLC

Here is the opinion.

Briefs here.

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.