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.

Sault Tribe/Kewadin Gaming Enjoined from Concealing or Dissipating Assets in Gaming Development Company Dispute [recall the $88M judgment]

Here is the order in JLLJ Development LLC v. Kewadin Casinos Gaming Authority (Mich. Cir. Ct.):

Prior post here.

California Federal Court Dismisses New Amended Complaint in Coyote Valley Contract Case

Here are the updated materials in Coyote Band of Pomo Indians v. Findleton (N.D. Cal.):

91 Second Amended Complaint

95 Motion to Dismiss

103 Combined Opposition

104 Reply in Support of 95

105 Reply in Support of 100

Prior post here.

SCOTUS Grants LDF v. Coughlin

Here is the order.

Cert stage briefs here.

Williams & Cochrane, Rosette, and Quechan Stipulate to Dismiss All of Their Claims [update]

Here is the stipulation in Williams & Cochrane LLP v. Quechan Tribe of the Fort Yuma Reservation (S.D. Cal.):

Prior post here.

Update. Here are recent pleadings from the parties on the substitution of parties that is interesting reading (not all the pleadings are available):

386 Rosette Parties Motion to Substitute [unavailable]

Michigan State Court Order in Suit against Sault Tribe Gaming Entity, Orders $88M (!!) in Damages

Here is the order in JLLJ Development LLC v. Kewadin Casinos Gaming Authority (Mich. Cir. Ct.):

Prior post here.

California Federal Court Dismisses Final Two Defendants in Acres Bonusing v. Ramsey (formerly Marston)

Here are the materials in Acres Bonusing Inc. v. Ramsey (N.D. Cal.):

90 First Amended Complaint

96 Motion to Dismiss

101 Opposition

102 Reply

105 DCT Order

Prior post here.

From DALL-E, an abstract painting of a judge slapping someone with a fish. Yeah, sure, it could be that.