tribal sovereign lending

Proposed Settlement Agreement in Class Action Suit against Tribal Lending Businesses Formed by Habematolel Pomo of Upper Lake,

Matthew L.M. Fletcher

Here is the motion to approve the settlement in Hengle v. Asner (E.D. Va.):

Hengle- Motion for Preliminary Approval[8].pdfDownload

Massachusetts Federal Court Declines to Dismiss Suit against Tribal Lending Business Partner

Matthew L.M. Fletcher

Here are the materials in Duggan v. Martorello (D. Mass.):

118 Second Amended Complaint.pdfDownload
125 Martorello Motion to Dismiss.pdfDownload
136 Duggan Opposition to Martorello Motion.pdfDownload
143 Reply in Support of Martorello Motion.pdfDownload
168 Duggan Surreply re Martorello Motion.pdfDownload
196 Martorello Supplemental Brief re 124.pdfDownload
197 Duggan Response to 196.pdfDownload
200 Rule 19 Motion to Dismiss.pdfDownload
204 Duggan Response to Rule 19 Motion.pdfDownload
218 Martorello Reply re Rule 19 Motion.pdfDownload
219 Duggan Surreply re Rule 19 Motion.pdfDownload
226 MJ Order on Judicial Estoppel Motion.pdfDownload
232 MJ Order Denying Rule 19 Motion.pdfDownload
233 MJ Order Denying Martorello Motion.pdfDownload

Cert Petitions Filed on Habematolel Pomo of Upper Lake Internet Lending

Matthew L.M. Fletcher

Here is the petition in Treppa v. Hengle:

treppa-petitionDownload

Appendix

Treppa Application for Stay

Hengle Opposition

Reply

Questions presented:

  1. Whether a court can invalidate an agreement to have an arbitrator resolve questions of arbitrability (a “delegation clause”) based on the court’s interpretation of a separate choice-of-law provision.
  2. Whether sovereign immunity bars private plaintiffs from suing tribal government officials, in their official
    capacities, for alleged violations of state law

Lower court materials here.

In the tule swamp–upper lake Pomo [LOC]

Here is the petition in a related case, Asner v. Hengle:

asner-petition-and-appendixDownload

Question presented:

Can a federal court refuse to enforce the delegation clause of an arbitration agreement on the ground that a choice-of-law provision applicable to the arbitration agreement as a whole prospectively waives federal rights?

Harvard Law Review Casenote on Williams v. Medley Opportunity Fund II [tribal payday lending]

Matthew L.M. Fletcher

Here is “Williams v. Medley Opportunity Fund II, LP: Third Circuit Rules that Tribal Payday Lenders Cannot Compel Arbitration.”

We posted the materials on this case here.

Federal Suit against MHA Nation-Affiliated Lending Business Stayed Pending Fourth Circuit Decision in Hengle v. Treppa

Matthew L.M. Fletcher

Here are the materials in Manago v. Cane Bay Partners VII LLLP (D. Md.):

40 Amended Complaint

73-1 Motion to Stay

76 Opposition

82 DCT Order Granting Motion for Stay

The briefs in Hengle v. Treppa are here.

Federal Court in Oregon Declines to Dismiss Suit against Big Picture Loans-Affiliated Individual

Matthew L.M. Fletcher

Here are the materials so far in Smith v. Martorello (D. Or.):

100 Amended Complaint

106 Motion to Dismiss

120 Opposition

123 Reply

146 Magistrate Report

148 Objections

149 Rule 19 Motion

150 Response to 148

152 Response to 149

155 Reply in Support of 149

156 DCT Order

Materials in Suit against Lac Courte Oreilles Ojibwe Internet Lending Biz

Matthew L.M. Fletcher

Here are the materials in Easley v. Hummingbird Funds (S.D. Ala.):

34 Amended Complaint

37 Motion to Dismiss

69 Opposition

73 Reply

75 Magistrate Report

81 Objection

82 DCT Order

Eleventh Circuit briefs:

Opening Brief