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Adopting Breakthrough Factors, Connecticut Supreme Court Hands Victory To Tribal Lending Entity Great Plains Lending - Finance and Banking

In late May, the Connecticut Supreme Court held 1 that the tribal lending entity Great Plains Lending (Great Plains) is protected by tribal sovereign immunity as an “arm of the tribe,” adopting a test first established by the Tenth Circuit in  Breakthrough Management Group, Inc. v. Chukchansi Gold Casino & Resort. 2 The case represents a major victory for the tribe and for tribal lending entities overall, and serves as further guidance to other courts faced with similar claims as tribes continue to establish a strong presence in e-commerce lending activities. The case concerned two lending entities, Great Plains and American Web Loan, Inc. d/b/a Clear Creek Lending (Clear Creek)

Adopting Breakthrough Factors, Connecticut Supreme Court Hands Victory to Tribal Lending Entity Great Plains Lending | Troutman Pepper

Conn Justices Say Lending Co Is Immune As Arm Of Tribe

ADVERTISEMENT Conn. Justices Say Lending Co. Is Immune As Arm Of Tribe Law360 (May 24, 2021, 11:23 PM EDT) Great Plains Lending, which is accused by the Connecticut Department of Banking of issuing consumer loans without proper licensing, is protected by sovereign immunity as an arm of the Otoe-Missouria Tribe of Indians, the Connecticut Supreme Court determined, reversing a lower court finding. The justices said Thursday the lower court was incorrect to rule that further proceedings are required to determine whether Great Plains is an arm of the tribe, instead applying a test adopted by the Fourth, Ninth, and Tenth circuits that analyzes whether business entities constitute arms of the tribe for purposes of tribal sovereign immunity.

A Fight Between Native American Lenders And The Federal Government Could Reach The Supreme Court

A Fight Between Native American Lenders And The Federal Government Could Reach The Supreme Court
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