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)
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,”.