(Supreme Court of California) - In an Indian Law action,challenging payday lenders affiliated with Indian tribes for failing to comply with the California Deferred Deposit Transaction Law, the trial court's dismissal on tribal immunity grounds is reversed. The Court held that an entity asserting immunity bears the burden of showing by a preponderance of evidence that it is an 'arm of the tribe' entitled to tribal immunity and established a five-factor test for courts making such a determination. The case was remanded for further proceedings.
Source: findlaw.com