Michigan Appellate Court Holds That Trial Court Erred In Determining That Claims Were Non-Arbitrable…

Plaintiff Nicole Marie Swiger took out a $1,200 loan with an interest rate exceeding 350% from online lender Plain Green LLC, an entity organized under the laws of the Chippewa Cree Tribe of the Rocky Boy’s Reservation, Montana. Swiger claimed that Defendant Kenneth Rees and his company, Think Finance LLC, had used Plain Green and its benefits of tribal sovereign immunity as a front to shield them from state and federal law. As part of the loan agreement, Swiger had agreed to binding arbitration under tribal law subject to review only in tribal court. She also agreed to a “delegation clause” to arbitrate “any issue concerning the validity, enforceability, or scope” of the agreement…

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