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Sovereign Immunity Consumer Financial Products

Orrick, Herrington & Sutcliffe LLP

Third Circuit affirms district court, finding no sovereign immunity applies to a tribally owned lender

On August 4, the U.S. Court of Appeals for the Third Circuit affirmed that an online consumer lending company owned by an federally recognized Indian tribe was not an extension of the tribe’s government and therefore did not...more

Cadwalader, Wickersham & Taft LLP

Springing into Q2 April 2023 - FFF Sovereign Immunity Series – Part VIII: England & Wales

For our eighth installment in the FFF Sovereign Immunity Series, we consider the doctrine of sovereign immunity in England & Wales. We begin with our usual disclaimer that sovereign immunity is a complex legal and tax...more

Rosenberg Martin Greenberg LLP

United States Court of Appeals for the Fourth Circuit Refuses to Enforce Arbitration and Choice of Law Provisions Because of...

Most of us have heard the expression “Pigs get fat, hogs get slaughtered.”  The United States Court of Appeals for the Fourth Circuit did not slaughter the officials of the lenders in its November 16, 2021 opinion in Hengle...more

Ballard Spahr LLP

State AGs file amicus brief in Fourth Circuit case involving use of sovereign immunity by tribal lenders to defeat state law...

Ballard Spahr LLP on

A coalition of 14 state Attorneys General and the D.C. Attorney General have filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit in Williams v. Big Picture Loans in which a tribal lender and its tribal...more

Orrick, Herrington & Sutcliffe LLP

California Supreme Court Declines to Extend Tribal Sovereign Immunity to Payday Lending Businesses

On December 22, 2016, the California Supreme Court issued People ex rel. Owen v. Miami Nation Enterprises. The decision found that certain tribal business entities that provided loans in California are not "arms of the tribe"...more

Ballard Spahr LLP

Tribal Sovereign Immunity Not a Bar to Payday Lending Enforcement Action, California Supreme Court Rules

Ballard Spahr LLP on

In a state enforcement action alleging violations of California's lending law and seeking to enjoin continued lending to state residents, the California Supreme Court has ruled that the two tribally affiliated entities that...more

Brooks Pierce

Business Court Enjoins Enforcement Of High Interest Rate Loans Made By American Indian-Related Business

Brooks Pierce on

Judge Gale's opinion last week in Western Sky in State v. Western Sky Financial, LLC, 2015 NCBC 84 has a little bit of everything in it: choice of law, the U.S. Constitution, claims for usury (excessive interest rates) and...more

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