Attorneys Argue Sovereign Immunity Status of Native American Tribe's Loan Business
Bill Hurd was quoted in an article published in Richmond Times-Dispatch titled, " Attorneys Argue Sovereign Immunity Status of Native American Tribe's Loan Business."
The defendants appealed Payne’s ruling and on Tuesday, attorney William H. Hurd told a three-judge panel of the Richmond-based 4th U.S. Circuit Court of Appeals that Payne was wrong and that the tribe relied heavily on income from the business for health care, housing and other essential functions.
“Big Picture and Ascension are important to the future of this tribe,” Hurd said.
“Much of the plaintiffs’ case rests on a stereotype ... they use the pejorative label ‘rent-a-tribe,’” Hurd argued. He added that the term was a slur to Native Americans. Hurd reiterated that “Big
Picture is the tribe’s. ... This is not a rent-a-tribe scheme.”
Among other things, Hurd argued that Payne erred in making the defendants show they had sovereign immunity. “We believe the burden of proof rests on the plaintiffs,” he said. And even if it did not, he said, the tribe has shown Big Picture is entitled to immunity.
Hurd asked the judges to toss out Payne’s decision.
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Diaz asked Hurd whether Congress, if it is concerned about Native American tribes’ lending activity, could come up with a solution to address it. Hurd responded that it could.