United States Court of Appeals for the Fourth Circuit Refuses to Enforce Arbitration and Choice of Law Provisions…

Most of us have heard the expression “Pigs get fat, hogs get slaughtered.” The United States Court of Appeals for the Fourth Circuit did not slaughter the officials of the lenders in its November 16, 2021 opinion in Hengle v. Treppa, but it almost certainly cleared the path to the slaughterhouse.

The lenders in Hengle were “online lenders affiliated with a federally recognized Native American tribe.” However, they allegedly were operated by non-tribal companies owned by non-tribal defendants on non-tribal land, employing non-tribal employees, and distributing most of their revenues to non-tribal entities and individuals…

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