| Volume 142 Number 20 |
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The People’s Lawyer’s Tip of the Day
Following last week’s devastating fire that destroyed much of the famous and historically important Cathedral of Notre Dame in Paris, fundraising efforts have begun. Many generous people may decide to donate money toward rebuilding efforts – and scammers know that. They’re ready to take donations, too, so here are some things to consider before you give to an organization or a crowdfunding project: Click here for more.
Amazon customers can return purchases at all Kohl’s stores
Kohl’s and Amazon are competitors, but it doesn’t mean they can’t work together when it’s mutually beneficial. Starting in July, consumers who want to return a purchase they made through Amazon only have to take the item to any Kohl’s store and the company will return it to Amazon at no charge. Consumers don’t even have to put the item in a box. The move is an expansion of a pilot program the two retailers launched in 2017 at 100 stores in Los Angeles, Chicago, and Milwaukee. The expansion will make more than 1,150 Kohl’s stores in 48 states Amazon return centers. Click here for more.
Your Money
Your relationship with your financial advisor is a two-way street. Clients hire financial advisors to provide timely, ethical and informed money-management advice and insights. But to make that possible, financial advisors need clients to respond promptly to messages and keep them in the loop when life circumstances change. Working well with your financial advisor won't just make their life easier, advisors say, it may also improve the quality of the advice you receive. So it's in your best financial interest to listen to your advisor's perspective. Read on for tips for working most effectively with your financial advisor. Click here for more.
For the Lawyers
Tribal sovereign immunity does not apply to suit against tribal officers for injunctive relief. Arbitration clauses in tribal agreement unenforceable and unconscionable. Plaintiffs Jessica Gingras and Angela C. Given borrowed money from Plain Green, LLC, an online lending operation owned by the Chippewa Cree Tribe of the Rocky Boy’s Indian Reservation in Montana. The terms of their loan agreements provide for interest rates well in excess of caps imposed by Vermont law. Plaintiffs sued, alleging violations of Vermont and federal law. They sought an injunction against tribal officers in charge of Plain Green and an award of money damages against other Defendants. Some Defendants moved to dismiss, arguing that tribal sovereign immunity barred the suit. All Defendants moved to compel arbitration under the terms of the agreements. The district court denied both motions. On appeal to the Second Circuit, Defendants argued that tribal immunity barred the plaintiff’s claim. The court disagreed, holding, “that under a theory analogous to Ex parte Young, 209 U.S. 123 (1908), “tribal sovereign immunity does not bar state and substantive federal law claims for prospective, injunctive relief against tribal officials in their official capacities for conduct occurring off of the reservation.” The court next considered the enforceability of the arbitration clause. The arbitration clause contained provisions stating “any Dispute . . . will be resolved by arbitration in accordance with Chippewa Cree tribal law,” and that “[n]either this Agreement nor the Lender is subject to the laws of any state of the United States.” The court found the arbitration clause unenforceable and unconscionable. The court stated, “First, we conclude that the arbitration agreements are unenforceable because they are designed to avoid federal and state consumer protection laws.” It then stated, “Second, we conclude that the arbitration agreements are substantively unconscionable under Vermont law because the arbitral forum for which they provide is illusory.” Gingras v. Think Finance (2nd Cir. 2019) Click here for more.