Jackson v. Payday Financial, LLC’s Empirical Analysis

Citation profile

13 federal appellate · 3 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 39 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “It is clear that the parties here intended the forum selection clause to be a central part of the agreement to arbitrate, rather than an ancillary logistical provision'. The arbitration clause expressly provides “that any Dispute ... will be resolved by Arbitration, which shall be conducted by the Cheyenne River Sioux Tribal Nation by an authorized representative in accordance with its consumer dispute rules and the terms of this Agreement....” In total, the contract references the Tribe in five of its nine paragraphs regarding arbitration. That the designation of the particular forum pervades the arbitration agreement is strong evidence that at least Western Sky, which drafted the contract, and whose majority shareholder is a member of the Tribe, considered arbitration conducted by the Tribe to be an integral aspect of the arbitration agreement.”

   3 later decisions quote this exact passage · from the majority
   e.g. Williams v. Cashcall, Inc. · 130 F. Supp. 3d 1055 - Yaroma v. Cashcall, Inc.

2. “[T]he inherent sovereign powers of an Indian tribe do not extend to the activities of nonmembers of the tribe.” Montana v. United States, 450 U.S. 544, 565 , 101 S.Ct. 1245 , 67 L.Ed.2d 493 (1981). Nevertheless, “Indian tribes retain inherent sovereign power to exercise some forms of civil jurisdiction over non-Indians on their reservations, even on non-Indian fee lands.” Id. Recognizing this limited right, the Court in Montana articulated two narrow situations in which a tribe may exercise jurisdiction over nonmembers: (1) “[a] tribe may regulate, through taxation, licensing, or other means, the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements”; and (2) “[a] tribe may also retain inherent power to exercise civil authority over the conduct of non-Indians on fee lands within its reservation when that conduct threatens or has some direct effect on the political integrity, the economic security, or the health or welfare of the tribe.” Id. at 565, 566 , 101 S.Ct. 1245 .”

   2 later decisions quote this exact passage · from the majority
   e.g. Stifel, Nicolaus & Co. v. Lac Du Flambeau Band of Lake Superior Chippewa Indians · 168 F. Supp. 3d 778 - Smith v. Western Sky Financial, LLC

3. “governed by the Indian Commerce Clause of the Constitution... and the laws of the Cheyenne River Sioux Tribe”

   2 later decisions quote this exact passage · from the majority
   e.g. 168 F. Supp. 3d 778 - Smith v. Western Sky Financial, LLC · 375 F. Supp. 3d 638 - Solomon v. American Web Loan