Latest Case This Week: Swiger v. Rosette (6th Cir.)

Why the Supreme Court was Right Last Week to Deny Review of the Pennsylvania Supreme Court Decisions Handed Down Prior to the 2020 Election

VIKRAM DAVID AMAR, JASON MAZZONE

Illinois Law dean Vikram David Amar and professor Jason Mazzone argue that the U.S. Supreme Court correctly denied review last week of the Pennsylvania Supreme Court decisions handed down before the 2020 election. Dean Amar and Professor Mazzone explain why the majority denied review and point out that the dissenting opinions unwittingly demonstrate the rightness of the majority.

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Swiger v. Rosette

Court: US Court of Appeals for the Sixth Circuit

Docket: 19-2470

Opinion Date: March 4, 2021

Judge: Deborah L. Cook

Areas of Law: Arbitration & Mediation, Consumer Law, Native American Law

Swiger accepted a $1200 loan from online lender Plain Green, an entity owned by and organized under the laws of the Chippewa Cree Tribe of the Rocky Boy’s Reservation, Montana. She describes Rees as the “mastermind” behind a "rent-a-tribe" scheme, alleging that he and his company used Plain Green's tribal sovereign immunity as a front to shield them from state and federal law. When Swiger signed the loan contract, she affirmed that Plain Green enjoys “immun[ity] from suit in any court,” and that the loan “shall be governed by the laws of the tribe,” not the laws of any state. She agreed to binding arbitration under tribal law, subject to review only in tribal court. The provision covers “any issue concerning the validity, enforceability, or scope of this Agreement or this Agreement to Arbitrate.” Seven months after accepting the loan, Swiger alleged that she repaid $1170.54 but still owed $1922.37. Swiger sued, citing Michigan and federal law, including the Racketeer Influenced and Corrupt Organizations Act and consumer protection laws. The district court concluded that the enforceability of the arbitration agreement “has already been litigated, and decided against Rees, in a similar case commenced in Vermont.” The Sixth Circuit reversed and remanded with instructions to stay the case pending arbitration. Swiger’s arbitration agreement includes an unchallenged provision delegating the question of arbitrability to an arbitrator. The district court exceeded its authority when it found the agreement unenforceable