Yavapai-Apache Nation v. La Posta Band of Diegueno
This case arises out of a contract dispute between two Indian tribes, Yavapai-Apache Nation (YAN) and La Posta Band of Diegueno Mission Indians (La Posta). Over a decade ago, YAN and La Posta entered into an agreement that required La Posta to pay back tens of millions of dollars that it borrowed to finance the construction of a casino. Under the terms of the agreement, if La Posta failed to pay its debt, YAN’s sole recourse in most circumstances would be to seize La Posta’s casino revenues, casino equipment, and other casino-related assets. But the agreement also authorized YAN to pursue La Posta’s other assets too if a court made a “final determination” that La Posta committed any act of fraud in connection with the parties’ agreement.
Shortly after the parties entered into their agreement, La Posta failed to make payments on the loan.
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