| Volume 131 Number 1 |
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The People’s Lawyer’s Tip of the Day
Scams are like weeds: they crop up, are treated and disappear, only to find a way to pop up again. This is the case with an old scam that has come back. In this scam, the fraudster pretends to be from the FTC and emails people, telling them they’re under investigation and to click on a link for more information. Don't click that email and instead... Click here for more.
Apple Scaling Back iPhone Production Due to Sales
Apple is cutting production of the iPhone by around ten percent in the first quarter of 2017. Sales have not been strong for the tech giant's phones. Last year, Apple scaled back iPhone 6S and iPhone 6S Plus production in the first quarter of the year due to an over supply of phones from over-estimated sales predictions. Click here for more.
Your Money
With the new year comes new year's resolutions, like getting back to the gym. If you're thinking about joining a gym, be aware of the hidden fees that come along with a membership, such as, initiation, cancellation, and annual costs. Many gyms will offer you a discount, often 4 to 5 percent, if you pay for a year or two upfront. But if the gym closes or you move out of the area you may end up losing money. Click here for more.
For the Lawyers
California Supreme Court sets out standard for establishing immunity for Indian tribes. In a case involving claims against two lenders for violating state law in connection with payday loans, the lenders alleged they were tribally affiliated business entities. The Supreme Court of California noted that, “the rule that Indian tribes are immune from suit is now firmly established as a matter of federal law and is not subject to diminution by the States.” The main legal question in this case, however, was how to determine whether a tribally affiliated entity shares in a tribe‘s immunity from suit. The court stated: "We conclude that an entity asserting immunity bears the burden of showing by a preponderance of the evidence that it is an arm of the tribe entitled to tribal immunity." In making that determination, courts should apply a five-factor test that considers (1) the entity‘s method of creation, (2) whether the tribe intended the entity to share in its immunity, (3) the entity‘s purpose, (4) the tribe‘s control over the entity, and (5) the financial relationship between the tribe and the entity. The court found that the entities in this case “failed to show by a preponderance of the evidence that they were entitled to tribal immunity as an arm of its affiliated tribe.” It then remanded for the trial court to address the issue of whether the parties had the opportunity to fully litigate their claims under that standard. People ex rel. Owen v. Miami Nation Enterprises (Cal. S.Ct. 2016). Click here for more.