Native American

  • May 26, 2017

    NM Utility Can't Seize Navajo Land, 10th Circ. Says

    The Tenth Circuit on Friday backed a lower court ruling that a New Mexico utility can’t secure a path for a transmission line through property that is partly owned by the Navajo Nation, saying there's no language in federal law on rights of way that allows tribal lands to be condemned.

  • May 26, 2017

    Nooksack Group Seeks Redo Of Ruling On DOI Funding Row

    The purported Nooksack Indian Tribal Council pressed a Washington federal judge Thursday to rethink tossing its lawsuit claiming that the U.S. Department of the Interior has wrongly refused to pay roughly $14 million in funding, challenging the judge’s deference to the agency’s view that the council lacks authority to sue on the tribe’s behalf.

  • May 26, 2017

    DOI Watchdog Says Tribal Profit Misuse Allegation Unfounded

    A federal investigation into whether a former Chippewa Cree tribe official allegedly misused income from a farming operation revealed that the allegation was unfounded, the U.S. Department of the Interior’s watchdog announced on Thursday.

  • May 26, 2017

    NC Gov. Wants Full Federal Recognition Of Lumbee Tribe

    North Carolina Gov. Roy Cooper on Thursday announced he sent a letter to congressional leaders advocating for the full federal recognition of the Lumbee Tribe in the state, saying such a recognition would help much of the state’s southeastern region.

  • May 26, 2017

    NM Dem Aims To Be First Native American Congresswoman

    Debra Haaland, a Pueblo of Laguna member and former head of the Democratic Party of New Mexico, is looking to ride a wave of opposition to President Donald Trump to become the first Native American woman ever elected to Congress, and she told Law360 in an exclusive interview that she likes her party’s chances in the 2018 midterm elections.

  • May 25, 2017

    UPS Hit With $247M Judgment In Tobacco Shipping Row

    A New York federal judge ordered UPS to pay $247 million to the Empire State and New York City for helping move untaxed cigarettes from tribal lands, saying Thursday the shipping giant had shown a “lack of willingness to change” without a hefty punishment.

  • May 25, 2017

    Navajo Council Weighs Legislation To Keep Coal Plant Open

    The Navajo Nation Council on Wednesday introduced legislation that would approve an agreement to allow the coal-fired Navajo Generating Station on the tribe’s reservation in Arizona to keep its doors open through the end of 2019, as the tribe faces a July 1 deadline to make a decision on the deal.

  • May 25, 2017

    Sioux Say They Belong In Dakota Access Pipeline Suit

    A group of Sioux tribe members on Wednesday pressed a D.C. federal judge to let them take part in a challenge to the U.S. Army Corps of Engineers’ approvals for the Dakota Access pipeline in North Dakota, saying that they may be needed in the suit to preserve claims that the pipeline violates their religious rights.

  • May 25, 2017

    Bill Seeks More Indian Health Service Accountability

    Three Republican senators floated legislation Thursday aimed at boosting transparency and accountability at the Indian Health Service, in an effort to guarantee that Native Americans across the country receive reliable and quality health care.

  • May 25, 2017

    House Dems Tell Zinke Trump Can't Touch Monuments

    A group of 86 Democratic U.S. representatives told Interior Secretary Ryan Zinke on Thursday that Congress, not the president, has the authority to revoke or shrink national monuments, meaning that his ongoing review of certain monuments at President Donald Trump’s direction is a waste of time and money.

  • May 25, 2017

    Tribal Cigarette Distributor Can't Skirt Recordkeeping Rules

    A D.C. federal judge held Wednesday that Contraband Cigarettes Trafficking Act recordkeeping requirements apply to Native American entities, a blow for a group of tribally-owned cigarette distributors that sought a declaration that they do not have to comply with the requirements.

  • May 24, 2017

    DOI Sued For Docs On National Monuments It Might Ax

    A conservation group accused the U.S. Department of the Interior on Wednesday of ignoring its request for information about the Obama administration’s deliberations over five national monuments, including the Bears Ears National Monument — documents it hopes will shed light onto what it called Interior Secretary Ryan Zinke’s “sham review” of their designations.

  • May 24, 2017

    Conn. Senate OKs Bill Backing Tribes' Plan For Third Casino

    Connecticut’s Senate passed a bill Wednesday that would allow a company co-owned by the tribes behind the Foxwoods Resort and Mohegan Sun to open a proposed $300 million third casino in the state, but Democratic leaders of the state’s House of Representatives quickly said the bill would not get the green light there in its current form.

  • May 24, 2017

    EPA Drilling Waste Suit Deal Is Invalid, ND Tells DC Circ.

    North Dakota urged the D.C. Circuit on Tuesday to undo a settlement in which the U.S. Environmental Protection Agency agreed to review and potentially update its oil and gas drilling waste disposal rules, arguing the deal is unlawful because it isn't consistent with federal solid waste laws.

  • May 24, 2017

    9th Circ. Culvert Decision Sows Uncertainty For Projects

    Judges on a Ninth Circuit panel that upheld an order directing the state of Washington to replace 1,000 culverts that infringed on tribal fishing rights said on Friday the ruling should be interpreted narrowly — but experts said the decision could fuel challenges to other wildlife-affecting projects based on a broader reading, and there’s a good chance the U.S. Supreme Court would be interested in reviewing it.

  • May 24, 2017

    Feds, Navajo Come To Agreement On Contamination Suit

    The El Paso Natural Gas Co. and the Navajo Nation told a D.C. federal judge on Tuesday that they have agreed to drop a suit against the federal government over contamination of a site within the nation’s boundaries, saying that the government has agreed to sample groundwater at the site.

  • May 23, 2017

    Takeaways For Tribes In Reduced DOI Budget Proposal

    The 2018 budget proposal for the U.S. Department of the Interior unveiled Tuesday by the Trump administration would trim over $300 million from federal programs serving Native Americans, cutting education, social services, tribal courts and other items. Here, Law360 looks at how the proposed budget would impact Indian Country.

  • May 23, 2017

    Enviro Group Sues Agencies For Climate Denial Records

    The Center for Biological Diversity on Tuesday filed a suit in D.C. district court alleging that four federal agencies violated public records laws by not disclosing key climate change information in a timely fashion.

  • May 23, 2017

    Ex-Tribal Council Member Pleads Guilty In Casino Theft Row

    A former Winnebago Tribal Council member on Monday pled guilty in Nebraska federal court to taking unauthorized money from the tribe’s casino, with the federal government saying it will recommend a sentence of five years' probation.

  • May 23, 2017

    Mining Co. Looks To Nix Tribe, Enviro Suits Over Plan's OK

    A Rio Tinto PLC and BHP Billiton PLC unit pressed an Arizona federal court Monday to toss lawsuits in which a Native American tribe and environmental and mining groups are challenging the U.S. Forest Service's decision to greenlight a data collection plan related to the company's proposed mining project in the state.

Expert Analysis

  • Tribes Really Need More Than Sovereign Immunity Defense

    Erica Dominitz

    While Lewis v. Clarke may provide cause for concern for tribal employees and for tribes that may be obligated to indemnify them, tribes can protect themselves by carefully reviewing and assessing their risk management programs and the sufficiency of their liability insurance policies, say Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP.

  • Series

    Revisiting Affiliated Ute: A Rare Presumption In 11th Circ.

    Brian Miller

    The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Series

    Revisiting Affiliated Ute: And Its Limits In The 5th Circ.

    Susanna Buergel

    Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Series

    Revisiting Affiliated Ute: Back In Vogue In The 9th Circ.

    Michele Johnson

    While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • Series

    Revisiting Affiliated Ute: Impact In The 7th Circ.

    Julie Goldsmith Reiser

    In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.

  • Series

    Revisiting Affiliated Ute: 4 Lines Of Cases In 3rd Circ.

    John Harnes

    Over the last 45 years, Affiliated Ute has, in the Third Circuit, spawned primarily four lines of cases, each addressing a distinct issue raised by that ruling. The most vexing issue, particularly in cases that involve misrepresentations and omissions, is when the presumption applies and when it does not, says John Harnes of Chitwood Harley Harnes LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.