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Native American

  • October 19, 2018

    3 States Say Controversial Water Rule Infringes Their Rights

    Three states told a Texas federal court that an Obama administration rule that broadened the reach of the Clean Water Act and was widely contested by other states and industry groups should be thrown out, saying it conflicts with Supreme Court precedent, the intent of the law and infringes on states’ rights.

  • October 19, 2018

    Trump Looks To Ease Burdens On Western Water Projects

    President Donald Trump on Friday directed two federal agencies to look for ways to make it easier for developers to complete water infrastructure projects in California, Washington and Oregon, including streamlining procedures that are in place to protect the environment and endangered species.

  • October 19, 2018

    CashCall Owes $200M For Loan Scheme, CFPB Tells 9th Circ.

    The U.S. Consumer Financial Protection Bureau urged the Ninth Circuit on Friday to reverse a lower court order and force CashCall Inc. to cough up more than $200 million for bilking consumers on high-interest payday loans, saying the company escaped with just a $10 million fine because a federal judge wrongly decided the company didn't have to pay restitution.

  • October 19, 2018

    Ex-Tribe Head's Testimony Shows Lack Of Reservation: Mich.

    Michigan told a federal court to deny a bid from The Little Traverse Bay Bands of Odawa Indians to trim claims in a suit seeking recognition of its boundaries, saying testimony from the former tribe chairman supports that a 1994 law was not intended to reaffirm the borders of the reservation prior to the 1870s.

  • October 19, 2018

    EPA Withdraws Obama-Era Uranium Mining Safety Rule

    The U.S. Environmental Protection Agency on Thursday withdrew an Obama-era proposal for new health and environmental protection regulations for uranium ore extraction that would have required stricter groundwater quality and monitoring standards.

  • October 19, 2018

    Texas Foster Care Would Imperil Indian Children, Tribes Say

    Four Native American tribes pressed a Texas federal judge Friday to put a hold on his ruling that the Indian Child Welfare Act is unconstitutional, saying that a Fifth Circuit decision the previous day showed that putting Indian children in the state’s foster care system would expose them to “severe risk of sexual and other abuse."

  • October 19, 2018

    Ex-Google Exec's Co. Can't Arbitrate Tribal Payday Loan Suit

    A Washington federal judge has denied a bid by a former Google executive's financial technology company and a tribal corporation through which his fintech firm ran a payday lending business to force into arbitration a suit over exorbitant interest rates, ruling that arbitration clauses in agreements borrowers signed are invalid.

  • October 18, 2018

    Allergan Must Produce CEO’s Tribal Patent Docs In MDL

    A New York federal judge has ordered Allergan to produce documents from the files its CEO and other senior executives on a deal that transferred patents to a Native American tribe for plaintiffs in multidistrict litigation accusing the drugmaker of illegally delaying a generic version of its dry-eye medication Restasis.

  • October 18, 2018

    Va., Ind. Residents Say Tribal Lender Skirted State Usury Laws

    Virginia and Indiana residents have hit MobiLoans LLC with a proposed class action to stop it from allegedly circumventing state usury laws to make loans to needy consumers at triple-digit interest rates.

  • October 18, 2018

    Wash. Tells Justices Tribal Right Isn't Violated By Fuel Tax

    The Washington State Department of Licensing told the U.S. Supreme Court to reverse a state Supreme Court ruling in favor of a tribal fuel distributor, saying a fuel tax does not violate the Yakama Nation’s right to travel on public highways and the company read a tribal treaty right too broadly while mischaracterizing state law.

  • October 18, 2018

    $2.6M Atty Fee Cut Upheld In Tribal Land Buyback Suit

    The D.C. Circuit has upheld a $2.6 million attorneys' fee reduction against a lawyer who successfully represented tribes in a class action leading to a $1.9 billion land buyback program, finding the court did not abuse its discretion by electing a different fee calculation rate than the one proposed by the lawyer.

  • October 18, 2018

    Tribes Scoff At States' Urgency In Child Welfare Case

    A group of four Native American tribes has pressed a Texas federal judge to put the brakes on his recent decision that the Indian Child Welfare Act is unconstitutional, saying worries by Texas and two other states about delays while the ruling is appealed don’t hold water since the law has already been around for 40 years.

  • October 18, 2018

    Enviros Sue Trump Admin. Over Border Wall Exemptions

    A coalition of environmental groups filed suit in D.C. federal court on Thursday against the U.S. Department of Homeland Security accusing it of improperly waiving a slew of laws and environmental protections so it can build 24.6 miles of border wall in two counties in Texas.

  • October 17, 2018

    Enviros Sue FWS To Protect 550,000 Acres Of Bird's Habitat

    The Center for Biological Diversity on Wednesday sued the U.S. Fish and Wildlife Service for allegedly violating the Endangered Species Act by failing to designate about 550,000 acres of critical habitat in nine states for the western yellow-billed cuckoo.

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Conn., Tribe Ask To Bring New Claims In DOI Casino Row

    Connecticut and a Native American tribe urged a D.C. federal court Wednesday to let them file an amended complaint in their recently dismissed suit seeking to force the U.S. Department of the Interior to act on proposed changes to procedures allowing the tribe to offer gambling in the state.

  • October 17, 2018

    Wash. Climate Suit Against Big Oil Stayed Amid Appeal

    A Washington federal judge on Wednesday halted King County, Washington's suit seeking to hold "Big Oil" liable for climate change-related infrastructure damage until the Ninth Circuit rules on an appeal of the dismissal of similar suits lodged by Oakland and San Francisco.

  • October 17, 2018

    Calif. Tribes Become Latest To Bring Opioid Crisis Suits

    Two Native American tribes from California added to the flood of litigation stemming from the prescription opioid crisis with a pair of Ohio federal court suits alleging that their communities have been disproportionately devastated by the epidemic fueled by drug manufacturers and distributors.

  • October 17, 2018

    9th Circ. Asked To Hold ICWA Ruling For High Court Appeal

    Adoptive parents and their children have urged the Ninth Circuit to put a hold on its decision to toss a proposed class action claiming parts of the Indian Child Welfare Act are unconstitutional, saying their planned appeal will detail several ways the circuit court's ruling diverged from U.S. Supreme Court precedent.

  • October 16, 2018

    States Say Indian Child Welfare Act Must Be Blocked

    Texas, Indiana and Louisiana and several foster families have urged a Texas federal judge to reject four tribes' request to put a hold on a recent decision that found the Indian Child Welfare Act unconstitutional, saying that the ruling is likely to stand and that a stay would leave many children “in legal limbo” until appeals in the case are over.

Expert Analysis

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.

  • A Closer Look At EPA Inspector General's New Strategic Plan

    Brian Stansbury

    The U.S. Environmental Protection Agency's Office of Inspector General recently released its strategic plan for 2019 to 2023. Brian Stansbury and Leah Min of King & Spalding LLP provide insights on several noteworthy aspects, such as how the OIG will hold the EPA accountable for meeting 2019 targets and rely on data and business analytics to meet its goals.

  • A Holistic Approach To Client Retention

    Dan Tacone

    In an era when law firms are fighting for business and clients can dictate the terms of the relationship, "value" has become a moving target. Firms that take a proactive approach by using strategies designed to articulate value over time will gain the competitive advantage, says Dan Tacone at Intapp Inc.

  • Q&A

    A Chat With Allens Pricing Chief Pier D'Angelo

    Pier D'Angelo

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Pier D'Angelo, chief pricing and practice officer at Allens.

  • Beware Litigating Against Tribal Entities In Federal Court

    Richard Duncan

    Two recent decisions demonstrate the difficulty of keeping commercial disputes involving Indian tribes in federal court — and the risks to parties assuming they can adjudicate disputes against tribal businesses in the same way they litigate disputes with nontribal entities, say attorneys at Faegre Baker Daniels LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.