STATE of Colorado, ex rel. John W. SUTHERS, Attorney General, and Laura E. Udis, Administrator, Uniform Consumer Credit Code, Plaintiffs-Appellees,
v.
CASH ADVANCE AND PREFERRED CASH LOANS, Defendants-Appellants.
Colorado Court of Appeals, Div. II.https://leagle.com/images/logo.png
April 17, 2008.
As Modified on Denial of Rehearing July 10, 2008.
Attorney(s) appearing for the Case
John W. Suthers, Attorney General, Paul Chessin, Assistant Attorney General, Denver, Colorado, for Plaintiffs-Appellees.
Jones & Keller, P.C., Thomas Burke, Jr., Edward T. Lyons, Jr., Denver, Colorado; Fredericks & Peebles, L.L.P., Conly J. Schulte, Shilee T. Mullin, Omaha, Nebraska, for Defendants-Appellants.
Wynkoop & Thomas, P.C., Richard B. Wynkoop, Denver, Colorado; AARP Foundation Litigation, Deborah Zuckerman, Michael Schuster, Washington, DC; Norman A. Googel, West Virginia Assistant Attorney General, Charleston, West Virginia, for amici curiae AARP; Center for Responsible Lending; Consumer Federation of America; National Association of Consumer Advocates; National Association of Consumer Agency Administrators; National Consumer Law Center; Talis J. Colberg, Attorney General, State of Alaska; Dustin McDaniel, Attorney General, State of Arkansas; Thomas J. Miller, Attorney General, State of Iowa; Paul J. Morrison, Attorney General, State of Kansas; Jeremiah W. Nixon, Attorney General, State of Missouri; Catherine Cortez Masto, Attorney General, State of Nevada; W.A. Drew Edmondson, Attorney General, State of Oklahoma; Donald K. Hardin, Administrator, Oklahoma Department of Consumer Credit; Deb Bortner, Division Director, Washington State Department of Financial Institutions Consumer Services Division; and Darrell V. McGraw, Jr., Attorney General, State of West Virginia.
Gill, Lindquist & Associates, LLC, Anne Whalen Gill, Castle Rock, Colorado, for amicus curiae Gill, Lindquist, & Associates, LLC.
Colorado Court of Appeals, Div. II.
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,...
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