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.

Fourth Circuit Oral Argument Audio in Williams v. Big Picture

Here.

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.

Fourth Circuit Briefs in Williams v. Big Picture Loans

Here:

appellant brief

williams appellee brief

center for responsible lending amicus brief

conference of tribal lending commissioners amicus brief

States Brief

ncai amicus brief

Redacted Reply Brief

Lower court materials here.

Federal Court Allows Fraud Claims against Tribal Employees to Proceed

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

1-1 Complaint

6 Motion to Dismiss

18 Response

22 Reply

55 DCT Order

Connecticut Appellate Court Quashes Third Party Discovery Request of Tribal Officials

Here is the opinion in Drabik v. Thomas:

drabik-v-thomas.pdf

Materials in Williams v. Big Picture Loans LLC [Lac Vieux Desert Ojibwe Enterprise]

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

23 big picture mtd jurisdiction

27 big picture mtd exhaustion

29 tribal officials mtd

83 opposition to 23

86 opposition to 27

87 opposition to 29

99 reply in support of 23

100 reply in support of 27

101 reply in support of 29

146 dct order

Update (4/17/19) — Here are materials in a related matter, Weddle v. Williams (D. Colo.):

1 Motion to Quash Subpoena

11 Motion to Transfer Motion

12 Response to Motion to Quash

17 Reply in Support of Motion to Quash

18 Response to Motion to Transfer

19 Third Party Motion to Intervene

20 Notice of Third Party Joinder

22 Reply in Support of Motion to Transfer

24 Response to Motion to Intervene

26 Third Party Reply

27 DCT Order Granting Motion to Transfer

Update (5/6/19) — Here are updated materials in Big Picture:

341-motion-to-compel.pdf

368-opposition.pdf

395-reply.pdf

478-dct-order.pdf

California COA Rejects Defamation Claim by Tribal Disenrollees against Elem Indian Colony Pomo Tribe

Here are the available materials in Brown v. Garcia:

Garcia Brief

Opinion

Arizona COA Affirms Hualapai Official Immunity from Contract Damages Suit

Here is the unpublished opinion in WD at the Canyon v. Honga.