Legal Opinion

State Ex Rel. Suthers v. Cash Advance & Preferred Cash Loans

Colorado Court of Appeals

Decided July 10, 2008No. 07CA0582PublishedCited by 11 opinions

1Opinion of the Court

Opinion by

Judge BERNARD.

In this interlocutory appeal, we discuss the parameters of a Colorado trial court’s jurisdiction to determine the ownership and management of two Internet lending businesses in the face of claims that they are owned and operated by Indian tribes. We examine the analytical structure necessary to decide whether tribal sovereign immunity applies to these businesses, and, if so, whether it protects them, and individuals associated with them, from action undertaken by the Attorney General to enforce the Uniform Commercial Credit Code (UCCC) and the Colorado Consumer…

2Cases cited79 opinions

  1. Mitchell v. ForsythSupreme Court of the United States · 1985
  2. Larson v. Domestic and Foreign Commerce Corp.Supreme Court of the United States · 1949
  3. Santa Clara Pueblo v. MartinezSupreme Court of the United States · 1978
  4. Zippo Manufacturing Co. v. Zippo Dot Com, Inc.District Court, W.D. Pennsylvania · 1997
  5. Cherokee Nation v. State of GeorgiaSupreme Court of the United States · 1831

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3Cited by11 opinions

  1. Memphis Biofuels, LLC v. Chickasaw Nation Industries, Inc.Court of Appeals for the Sixth Circuit · 2009
  2. CASH ADVANCE & PREF. CASH LOANS v. StateSupreme Court of Colorado · 2010
  3. Otoe-Missouria Tribe of Indians v. New York State Department of Financial ServicesDistrict Court, S.D. New York · 2013
  4. Colorado v. Western Sky Financial, L.L.C.District Court, D. Colorado · 2011
  5. COMANCHE NATION OF OKLAHOMA v. COFFEYSupreme Court of Oklahoma · 2020

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