The slow erosion of tribal sovereignty in American courts hotair.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from hotair.com Daily Mail and Mail on Sunday newspapers.
The Girl That the Indian Child Welfare Act Could Have Saved texasobserver.org - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from texasobserver.org Daily Mail and Mail on Sunday newspapers.
In late May, the Connecticut Supreme Court held that the tribal lending entity Great Plains Lending (Great Plains) is protected by tribal sovereign immunity as an “arm of the tribe,”.
American Web Loan was set up as a tribal lender, but a class-action lawsuit reveals who controlled the company and made massive profits behind the scenes.
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.