Cash Advance and Preferred Cash Loans, Petitioners/cross-Respondents v. State of Colorado, Ex. rel. John W. Suthers…

Summary

The court held that tribal sovereign immunity bars state judicial enforcement of investigative subpoenas, including actions concerning alleged violations of state law. It remanded for determination whether the respondent entities are arms of their respective tribes under a three-factor relationship-focused test, and held that tribal-officer immunity, jurisdictional treatment, burden of proof, waiver, and discovery must be analyzed accordingly. Justice Eid concurred in part, while Justice Coats concurred in part and dissented in part, principally disputing the majority’s arm-of-the-tribe analysis and allocation of burdens.