Native American

  • September 22, 2017

    9th Circ. Affirms Narrowed Fishing Area For Wash. Tribe

    A Ninth Circuit panel Friday said that the Suquamish tribe does not have the right to fish in an area on the eastern side of Washington's Puget Sound, upholding a ruling that there was no evidence presented in a key 1975 hearing that the tribe ever fished or traveled through the area.

  • September 22, 2017

    Restasis Patent Challenges Must Be Tossed, Tribe Tells PTAB

    The Saint Regis Mohawk Tribe, owner of patents for the best-selling eye drug Restasis following a surprise deal with Allergan PLC, told the Patent Trial and Appeal Board on Friday that challenges to the patents must be tossed and laid out its case for why tribal sovereign immunity shields them from review.

  • September 22, 2017

    Museum Receives Ownership Of Native American Artifacts

    The ownership of more than 150 artifacts of Native American tribal communities will be transferred to the Salem, Massachusetts-based museum that has stored the collection for more than 70 years.

  • September 22, 2017

    BIA Unlawfully Approved Change To Tribal Gov’t, Suit Says

    Members of the Cayuga Nation have sued the Bureau of Indians affairs in Washington, D.C., federal court, alleging the agency's decision to allow a mail-in survey to settle a tribal leadership dispute violated the tribe’s ability to govern itself and was determined by a biased official.

  • September 22, 2017

    Supreme Court Petitions To Watch In Native American Law

    The U.S. Supreme Court has so far agreed to hear only one case in its upcoming term directly impacting a Native American tribe, but a clutch of intriguing petitions that could have major impacts on tribal interests could still earn a review by the justices. Here are four pending petitions Native American law attorneys are keeping a close eye on.

  • September 22, 2017

    Indian Health Service Says Parents Rushing Baby Injury Row

    The Indian Health Service and the Chickasaw National Medical Center told an Oklahoma federal court in three separate filings this week that they are doing their best to respond to the flood of requests made by parents alleging they suffered expenses due to their child’s brain injury suffered at the center.

  • September 22, 2017

    NTIA Floats Opening 911 Subsidy To Tribes Directly

    The National Telecommunications and Information Administration has proposed renewing and updating a 911 upgrade program that helps states implement broadband-friendly emergency services systems by opening up the subsidy program to tribal organizations directly.

  • September 21, 2017

    Tribal Lender Claims Immunity From Challenge To Immunity

    An online lender accused of striking “rent-a-tribe” deals with a Native American tribe in order to benefit from tribal immunity urged a Virginia federal judge Tuesday to dismiss a proposed class action over its lending practices, saying it is, in fact, a sovereign arm of the Chippewa Cree tribe and therefore immune from the litigation alleging false immunity.

  • September 21, 2017

    Tribe Can't Dodge Arbitration In Labor Dispute, Union Says

    A union that represents casino employees hit back on Thursday at a bid by the Shingle Springs Band of Miwok Indians to suspend court-ordered arbitration in a labor dispute involving a tribal casino and two fired workers, telling a California federal judge the tribe is unduly delaying a swift resolution to the matter.

  • September 21, 2017

    AGA Calls For Unity With Native Group On Sports Betting Ban

    The American Gaming Association on Thursday asked members of the National Indian Gaming Association to continue working alongside the AGA in its efforts to get the federal prohibition on sports gambling lifted.

  • September 21, 2017

    10th Circ. Slams Door On BLM Fracking Rule Litigation

    The Tenth Circuit on Thursday tossed litigation challenging an Obama-era federal rule that strengthened hydraulic fracturing regulations on federal and Native American lands, saying it was pointless to proceed in light of the Trump administration’s decision to rescind the rule.

  • September 21, 2017

    Industry Groups Sue FWS To Delist Endangered Beetle

    Nonprofit and industry groups filed suit in Oklahoma federal court on Thursday against the U.S. Fish and Wildlife Service arguing that it hadn’t addressed a petition to remove the American burying beetle from the endangered species list in a timely fashion and must do so.

  • September 21, 2017

    States, Province Want High Court To Nix Water Transfer Rule

    A coalition of seven states and a Canadian province have asked the U.S. Supreme Court to overturn a Second Circuit ruling that upheld a U.S. Environmental Protection Act rule exempting some water transfers from Clean Water Act review, saying that decision found ambiguity in the law when it wasn’t there.

  • September 21, 2017

    DC Circ. Won’t Rehear Challenge To $380M Tribal Payout Plan

    The D.C. Circuit on Wednesday declined to review its May decision rejecting challenges to a plan to redistribute $380 million left over from a landmark settlement of Native American farmers and ranchers’ racial discrimination claims.

  • September 20, 2017

    Mont. Justices Rule Water Claim Under State, Not Tribal, Law

    The Montana Supreme Court ruled Tuesday that water rights for land acquired by Scott Ranch LLC fell under state law and not under the authority of a tribal compact, overruling the state Water Court in a case that was described as a “somewhat unusual situation.”

  • September 20, 2017

    NJ AG Must Produce Some Docs In Tribe's Suit: Magistrate

    A federal magistrate judge has said that New Jersey has to produce certain documents, including various internal memos, sought by the Nanticoke Lenni-Lenape Tribal Nation in its suit claiming state regulators wrongfully repudiated the tribe’s state recognition status.

  • September 20, 2017

    NY Must Hand Over Relevant Docs In FedEx Cigarette Suit

    A New York federal judge ordered the state to show FedEx documents that are relevant to a consolidated lawsuit it brought with New York City alleging the company made illegal shipments of untaxed cigarettes from Native American reservations and other states.

  • September 20, 2017

    Tribal Boss Got Stark Warning Over Loan Empire, Jury Hears

    A witness cried on Wednesday as she told the Manhattan jury hearing criminal charges against racer Scott Tucker and lawyer Timothy Muir that she warned her former boss, a Miami tribe entrepreneur, that getting too close to Tucker and Muir's $2 billion payday loan empire could land him in prison.

  • September 20, 2017

    Gov't Fights Sanctions Bid In Ex-Nurse's Privacy Suit

    The federal government urged a New Mexico federal judge Tuesday to deny a request for discovery sanctions from a former nurse who accuses it of spreading detailed information about her physical and sexual assault, claiming it has made every effort to comply with the requests.

  • September 19, 2017

    Conn. Can't Escape Tribe's $610M Land Compensation Suit

    A Connecticut court on Tuesday denied the state's attempt to kill the Schaghticoke Tribal Nation’s $610 million lawsuit seeking compensation for the alleged unconstitutional taking of its land and mismanagement of its funds, saying the existence of a competing Schaghticoke faction doesn’t nullify the nation’s right to bring claims on behalf of its members.

Expert Analysis

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.

  • The Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.

  • Opinion

    Patchak V. Zinke Stresses Need For Separation Of Powers

    James Marino

    Patchak v. Zinke may be one of the most important cases that the U.S. Supreme Court will hear in the coming term, as it will address whether Congress has the right to retroactively declare that what was illegal can be "made legal" by legislative dispensation, rendering the Administrative Procedure Act's protections essentially vapid and illusory, says James Marino.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.