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Tribal Law

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District Court (Pa.) Does End-Around Tribal Sovereign Immunity; Allows Debtor to Sue On-Line Tribal Lender’s Manager Personally For Participation in Tribe-backed On-Line Usurious Loan

by Scott J. Hyman |

In Pennachietti v. Manfield, 2017 WL 6311646, at *1 (E.D.Pa., 2017), Judge Pappert denied a motion to dismiss filed by a manager of a tribal-based lender accused of issuing a usurious loan. Daniel Pennachietti received an allegedly usurious loan through an internet website operated by Sovereign Lending Solutions, LLC, a title lending company established under the tribal law of the Lac… Read More

11th Cir. Refuses to Enforce Arbitration Clause Requiring Tribal Arbitration Where Tribe Refused to Authorize an Arbitrator

by Scott J. Hyman |

In Inetianbor v. CashCall, Inc., --- F.3d ----, 2014 WL 4922225 (11th Cir. 2014), the Court of Appeals for the 11th Circuit found that an arbitration clause requiring a consumer to submit his claim to an authorized tribal arbitrator could not be enforced when the Tribe refused to authorize a tribal leader to arbitrate. To decide whether the forum selection… Read More