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Native American
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September 30, 2025
Wis. Legislators Trying Again To Legalize Medical Cannabis
Republican state lawmakers in Wisconsin have introduced a bill to legalize smokeless cannabis products for medical use, more than a year and a half after a similar proposal died.
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September 30, 2025
Michigan Judge Rules Tribe's ERISA Claims Filed Too Late
A Michigan federal judge on Monday said a Native American tribe waited too long to bring claims alleging Blue Cross Blue Shield of Michigan didn't seek lower rates for plan members, finding the tribe knew the insurer could not have negotiated lower rates when it entered into an administrative service contract.
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September 30, 2025
Judge Recommends Tribal Win, Talks In NY Thruway Row
A U.S. magistrate judge is recommending a summary judgment win and negotiations for the Seneca Nation and New York officials in an ongoing dispute over a portion of a thruway that runs through the tribe's reservation, saying the state obtained a 1954 easement for the superhighway in violation of federal law.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Tribe Drops Price-Fixing Suit Against Drugmakers, PBMs
The Miccosukee Tribe in Florida has dropped its lawsuit alleging drugmakers and pharmacy benefit managers Eli Lilly, Express Scripts, CVS Health and other companies illegally conspired to limit competition and artificially inflate the price of insulin drugs, according to a notice of voluntary dismissal.
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September 29, 2025
Utah Tribe Seeks Sanctions In Water Fight With Farm Cos.
A Native American tribe has asked a Utah federal court for sanctions up to default judgment against a group of farm companies in a water use lawsuit, saying their failure to comply with any order and participate in the litigation willfully ignores the suit's seriousness.
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September 29, 2025
Newsom Signs Bills Boosting Tribal Regalia, Land Use, Grants
California Gov. Gavin Newsom has signed into law three bills that will strengthen Indigenous students' rights to wear regalia, require tribal consultation over land and reburial rights, and streamline gaming tribes' ability to provide grants to other tribes with limited resources.
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September 29, 2025
Tribal Members Push For Say In Supreme Court Tariff Review
Members of the Blackfeet Nation tribe told the U.S. Supreme Court Monday their inclusion in the justices' review of suits challenging the legality of President Donald Trump's emergency tariffs is crucial to protect Native American rights under federal law.
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September 29, 2025
FOIA Suit Targets FBI Over Customs Agent's 1986 Death
Two researchers are asking an Arizona federal court to order the FBI to release records related to the 1986 death of an Indigenous U.S. Customs Service agent, alleging the agency withheld information that will shed light on the circumstances surrounding the unsolved case.
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September 29, 2025
Trump Admin Opens Lands, Wallets To Boost US Coal
The Trump administration on Monday announced a suite of actions to help boost the U.S. coal industry, including opening up more federal lands to coal leasing and providing compliance relief and federal funding for coal-fired power plants.
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September 26, 2025
Calif. Power Market Law Is A Clean Energy Game-Changer
California's recent passage of a law further expanding its electricity markets beyond its borders could catalyze clean energy project development in the Golden State, as well as other states throughout the West.
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September 26, 2025
Agents Seek Stay In Fatal Ariz. Shooting Amid 9th Circ. Appeal
The federal government and three U.S. Customs and Border Patrol agents are asking an Arizona federal court to pause a lawsuit alleging the agents wrongfully shot and killed a Tohono O'odham Nation man until the Ninth Circuit weighs in on whether they are immune from the claims.
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September 26, 2025
Judge Criticizes Email-Only Talks In NY Smoke Shop Dispute
A New York federal judge chided attorneys for the Cayuga Nation and the smoke shop it's suing on Thursday for not actually speaking to each other when resolving a combative documents dispute, warning them that she might sanction them if they don't follow her orders more closely next time.
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September 26, 2025
Judge Wants Clarity On Migrant Green Card Delays
A Massachusetts federal judge on Friday said Trump administration officials may be "wordsmithing," as she asked a government lawyer to explain why some migrants trying to adjust their status from humanitarian parole to legal residency are still being told their applications are on hold despite a court order to resume processing them.
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September 26, 2025
Kalshi, Robinhood Fight Tribes' Bid To Block Sports Contracts
Trading platforms Kalshi and Robinhood urged a California federal judge to reject an injunction bid lodged by Native American tribes in California that would prevent the companies from offering sports betting contracts on tribal lands, arguing their federally authorized event contract businesses would suffer "substantial and irreparable harm."
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September 26, 2025
Judge Won't Halt EPA's $3B Climate Grant Cuts During Appeal
A Washington, D.C., federal judge denied conservation groups' and local governments' effort to stop the U.S. Environmental Protection Agency from ending a $3 billion climate grant program while they appeal the dismissal of their lawsuit.
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September 26, 2025
DOD Says Wounded Knee Soldiers Will Keep Medals Of Honor
Twenty soldiers who participated in the 1890 Wounded Knee conflict that left nearly 300 Lakota people dead will keep their Medals of Honor, U.S. Secretary of Defense Pete Hegseth announced, saying the previous administration withheld a decision on whether to rescind the honors since last October.
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September 26, 2025
Cherokee Nation Cos. Appeal Gaming License Suit To 8th Circ.
Two Cherokee Nation entities are looking to the Eighth Circuit to overturn an Arkansas federal court decision that dismissed their challenge to a voter-approved referendum that revoked a gambling license in the state.
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September 26, 2025
Oysters Not Covered By Drug Forfeiture Law, Court Rules
Massachusetts' intermediate appellate court on Friday found that the commonwealth may not apply the same forfeiture laws used for seized drugs to 1,600 wild oysters, though it nonetheless upheld the taking of the allegedly ill-gotten mollusks.
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September 26, 2025
Ex-Perkins Coie, DOJ Enviro Lawyer Joins Greenberg Traurig
A former assistant section chief in the U.S. Department of Justice's Environmental and Natural Resources Division has joined Greenberg Traurig LLP's Washington, D.C., office after five years with Perkins Coie LLP.
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September 25, 2025
CashCall Urges Justices To Overturn $134M CFPB Award
CashCall is asking the U.S. Supreme Court to overturn a Ninth Circuit order that left the loan company on the hook for $134 million in restitution to the Consumer Financial Protection Bureau, despite the firm's insistence that conflicting precedent deprived it of its right to a jury trial.
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September 25, 2025
Sens. Renew Bipartisan Push To Fund Schools On Federal Lands
A group of U.S. senators have reintroduced legislation that would increase funding over a five-year period from the U.S. Department of Education's Impact Aid program for public schools located on federal lands.
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September 25, 2025
Climate Activists Accuse US Of Human Rights Violations
The U.S. government is violating young people's human rights by "perpetuating fossil fuel-driven climate destruction," a group of litigants told the Inter-American Commission on Human Rights in a new petition.
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September 25, 2025
Tribal Co. Sues Feds Over $2M Military Bridge Project Loss
A California tribal company is seeking more than $2 million in damages after it says the U.S. Air Force breached a contract for construction of a bridge by providing it with an incomplete engineering report and failing to gain timely environmental approvals for the project.
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September 24, 2025
Calif. Tribes Fight State Highway Patrol Over Cannabis Raids
The Round Valley Indian Tribes have opposed the state of California's motion to dismiss their lawsuit over what they claim are illegal cannabis raids, telling a federal judge that the bid to throw out their suit fails to prevail over the latest complaint's factual allegations.
Expert Analysis
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Trump DOE's Plan On AI Offers Challenges, Opportunities
The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Contract Disputes Recap: Q&As, Gov't Claims, Pleading
Attorneys at Seyfarth examine decisions from the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the U.S. Court of Federal Claims covering matters including superior knowledge, government claims and pleading standards.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.