Lower Brule Community Tribal Business Entity Not Immune from Suit; Some Claims Dismissed on Merits

Here is an update in Seaport Loan Products LLC v. Lower Brule Community (N.Y. Supreme Ct.):

63 Lower Brule Motion to Dismiss

77 Adlwych Capital Partners Opposition

78 Seaport Loan Opposition

82 Lower Brule Reply

86 Transcript

89 Decision on Motion for Protective Order

92 Opinion

Prior and parallel proceedings posted here, here, and here.

Montana SCT Holds N. Cheyenne Tribe May Bring Some Claims for Unjust Enrichment against Catholic Church

Here is the opinion in Northern Cheyenne Tribe v. Roman Catholic Church ex rel. Dioceses of Great Falls/Billings:

NCT v Catholic Church

An excerpt:

We reverse and remand the District Court’s decision to grant summary judgment to the Diocese and St. Labre on NCT’s claim for unjust enrichment and the imposition of a constructive trust that may arise from St. Labre’s fundraising activities after 2002. The court improperly determined that NCT had to establish evidence of loss by NCT or  wrongdoing by the Diocese and St. Labre in order to make out a claim for unjust enrichment. We also reverse and remand the District Court’s decision to grant summary judgment to the Diocese and St. Labre regarding St. Labre’s fundraising activities before 2002. The District Court should evaluate in the first instance the accrual date of NCT’s unjust enrichment claim pursuant to the standards set forth herein. The District Court can address on remand those defenses raised by the Diocese and St. Labre not resolved through the summary judgment proceedings. We affirm the District Court’s grant of summary judgment on all of NCT’s remaining claims.

Briefs here.

N.Y. Trial Court Holds Lower Brule Corporation Not Immune from Discovery in Loan Dispute

Here is the opinion in Seaport Loan Products LLC v. Lower Brule Community (N.Y. Supreme Ct.):

Seaport-LBCDE – Decision re Motion to Compel

News coverage: NY Law Journal Article (Sovereign Immunity)

The complaint is here.

Second Contract Breach Claim against Lower Brule

Here is the complaint in Seaport Loan Products LLC v. Lower Brule Community Development Corp. (N.Y. Super.):

Filed Complaint & Summons

The prior complaint is here.

Complaint in Eagle Private Equity, LLC v. Lower Brule Community Development Enterprise, LLC — Business Deal Gone Bad

Here is the complaint, filed in the Eastern District of Missouri:

Eagle Private Equity Complaint

Update: Case voluntarily dismissed ten days after filing — 4 DCT Order

Here are snippets of the alleged facts: Continue reading