Cash Advance and Preferred Cash Loans, Petitioners/cross-Respondents — Coats, J., Concurring in Part and Dissenting…

Summary

Justice Coats would reject the court of appeals' arm-of-the-tribe test and instead apply the court's existing three-factor arm-of-the-sovereign framework. He would treat tribal-immunity entitlement as an affirmative issue that the entity asserting immunity must establish, rather than as a jurisdictional issue requiring the State to disprove immunity, and would remand for that determination. Justice Eid, concurring in part and in the judgment in part, agrees that tribal immunity applies to state investigatory enforcement actions and supports the three-part test, but would remand for application of that test to information already produced.