Feds Can't Add 'Political' Defense To ND's $38M Pipeline Suit
By Joyce Hanson (January 19, 2022, 8:38 PM EST) -- A North Dakota magistrate judge has rejected the federal government's bid to add new defenses to the state's $38 million suit against it for supposedly failing to control demonstrations against the Dakota Access Pipeline, saying it's too late for the U.S. to make those arguments.
Magistrate Judge Alice R. Senechal on Tuesday denied the government's Nov. 23, 2021, request to add defenses, arguing the state may have used excessive force, that it consented to the federal government's strategy on how best to respond to the protests and that North Dakota's claims are barred by the "political question doctrine."
Judge Senechal found...
Stay ahead of the curve
In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.
Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
Create custom alerts for specific article and case topics and so much more!