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Retold by Lin Donn, illustrated by Phillip Martin some.Native American Groups Living in North America in 1492, at the Time of Christopher Columbus - This free powerpoint presentation, designed for high school American History or World History students, has ten slides with 8 review questions. Free Use Presentations in PowerPoint format. You’ll like what you seeThis week, the Court revives an ERISA claim and compels arbitration of a dispute over tribal internet payday loans.Native Americans Free Presentations in PowerPoint format. Our beautiful, affordable PowerPoint templates are used and trusted by both small and large companies around the world. CrystalGraphics is the award-winning provider of the world’s largest collection of templates for PowerPoint. Best Native American PowerPoint Templates.
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A plan may override this default rule, but only if it does so expressly in a plan document.”Background: After NetApp implemented a phased termination of its NetApp Executive Medical Retirement Plan, seven retired executives sued NetApp alleging that terminating the Plan violated the Employee Retirement Income Security Act of 1974 (“ERISA”) because they had been promised lifetime benefits. Ill.), with Judge Feinerman writing the opinion.Key Highlight: “he default rule under ERISA provides that welfare plans do not vest and can be amended at any time. Download American Indian PowerPoint Templates.These free PowerPoint templates have been designed for making presentations related to Native American people, culture and tribes.The Court holds that PowerPoint presentations did not constitute plan documents and thus any representations in them could not override ERISA’s default rule that welfare plans can be amended at any time, and that an equitable claim for breach of fiduciary duties under Section 1132(a)(3) of ERISA does not require proof of intent to deceive.The Panel: Judges Christen, Bade, and Feinerman (N.D. 4 hours ago Free-power-point-templates.com View All.
” The loan contracts also state that the contracts “shall be governed by the laws of the tribe,” or “Tribal Law,” and that an arbitrator must “apply Tribal Law and the terms of this Agreement.” The Borrowers claimed that the payday loans they took out from the Tribal Lenders were illegal under the Racketeer Influenced and Corrupt Organizations Act and California law and brought class-action complaints against defendants, including the Tribal Lenders and certain investors (“Investors”). Each arbitration agreement includes a delegation provision requiring an arbitrator—not a court—to decide “any issue concerning the validity, enforceability, or scope of agreement or. The Tribal Lenders’ standard loan contracts contain an agreement to arbitrate any dispute arising under the contract. But, when there is a clear delegation provision, that question is not for us—or anyone else wearing a black robe—to decide.”Background: Plaintiffs (“Borrowers”) obtained short-term, high-interest loans from lenders owned by Indian Tribes (“Tribal Lenders”). And if that is true, the arbitration agreement is likely unenforceable as a prospective waiver. Fletcher dissenting.Key Highlight: “We do not dispute that Borrowers have a reasonable argument that the arbitration agreement as written precludes them from asserting their RICO claims or other federal claims in arbitration.
The court held that its focus first must be on the enforceability of the delegation provision specifically, not the arbitration agreement as a whole. Several Investors appealed.Result: The Ninth Circuit reversed. The district court held that each delegation provision was unenforceable for the same reason.
The court noted that if the arbitrator concludes she cannot consider a prospective-waiver challenge to enforceability of the arbitration agreement, the Borrowers can return to court and argue the arbitrator exceeded her powers.Judge W. The court recognized that its conclusion diverged from the conclusions of some of its sister circuits, but disagreed with them because they considered prospective waiver in the context of the arbitration agreement as a whole, not as applied to the delegation provision. But, the court explained, that possibility does not prevent the Borrowers from pursuing their prospective-waiver enforcement challenge in arbitration, which is the key in determining whether the delegation provision is itself a prospective waiver. The court did not dispute that the loan contract’s selection of tribal law as the governing authority may mean the arbitrator will ultimately decide she cannot consider an enforceability challenge to the arbitration agreement as a whole based on prospective waiver if tribal law does not recognize this doctrine. But considering the plain language of the delegation provision, the court concluded that it does not foreclose the arbitrator from considering enforceability disputes based on federal law.
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