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Tag Archives: Tort

Lender not entitled to immunity as ‘an arm of a tribe’ (access required)

An allegedly usurious lender could not avoid liability by claiming sovereign immunity as an arm of a tribe where the facts showed the tribe did not meaningfully benefit from the relationship and that the relationship instead appeared intended to benefit ...

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RICO claims against alleged usurious lenders stand (access required)

Plaintiffs plausibly alleged that certain lender defendants violated RICO as part of a scheme to charge usurious interest rates on short-term loans issued to individuals throughout the United States. Background Plaintiffs are four individuals who obtained loans from American Web ...

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Bankrupt was not ‘nominal’ for jurisdiction purposes (access required)

Although an individual defendant filed for bankruptcy protection after allegedly striking the plaintiff with his car and his insurance carrier interpled all relevant proceeds into the state court, he was not a “nominal” party for purposes of diversity jurisdiction and ...

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