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Native American
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December 20, 2023
Texas, Mo. Say Feds Overstate Footnote In Border Wall Case
Texas and Missouri have told a Texas federal judge that the Biden administration's claim that a recent Supreme Court decision bars their ability to challenge its plans to spend border wall funding on things other than new barrier construction hinges on the flawed interpretation of a single footnote in the ruling.
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December 20, 2023
Biden Admin Tells 10th Circ. To Uphold Monument Rulings
The Biden administration is urging the Tenth Circuit to back a pair of lower court rulings finding its two proclamations redesignating large swaths of southern Utah as part of the Bears Ears and Grand Staircase-Escalante national monuments do not exceed presidential limits under federal law.
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December 20, 2023
Fragrance Co. In Contract Row Wants Conn. Jury Loss Tossed
A formerly Native American-controlled shampoo fragrance supplier that lost an $8.4 million bid for damages in a commercial contract feud now wants a Connecticut state court judge to undo last month's verdict in favor of its opponent, arguing that the jury was confused about the law.
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December 20, 2023
9th Circ. Won't Block Willow Project In Alaska During Appeal
ConocoPhillips can continue winter construction on its controversial Willow oil and gas project on Alaska's North Slope as the Ninth Circuit considers an appeal from Native American advocacy and conservation groups to overturn the Bureau of Land Management's approvals of the project, the panel has said.
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December 20, 2023
Tribes Pressed VRA Cases In 2023, With Many Still Playing Out
At least 100 civil rights groups, minority coalitions and Native American tribes in 2023 continued their challenges to voter redistricting efforts in at least half a dozen states, with more set to play out into the new year in the appellate courts.
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December 20, 2023
The Top Bankruptcy Cases And Issues Of 2023
With the curtain closing on 2023, bankruptcy experts say the past year has featured cases and legal issues of great importance to the practice area that will have implications for years to come.
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December 20, 2023
Sport Fishers Say Tribes' Pact Threatens Great Lakes
An organization representing sport fishers told the Sixth Circuit a new fishing pact between tribes and the state of Michigan lacks guardrails to prevent overfishing and endangers the Great Lakes fisheries.
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December 20, 2023
Reps. Urge High Court To Take On Ore. Monument Challenges
More than two dozen Republican lawmakers are asking the Supreme Court to take up challenges to rulings upholding former President Barack Obama's expansion of the Cascade-Siskiyou National Monument on the Oregon-California border, and rein in presidential uses of the Antiquities Act of 1906.
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December 20, 2023
The Biggest Environmental Regulatory Actions Of 2023
The Biden administration continued to strengthen environmental regulations during 2023, finalizing rules that imposed new asbestos reporting requirements, banning some uses of hydrofluorocarbons and cracking down on methane emissions, as well as floating a new proposal to control greenhouse gas pollution from power plants — but a signature Clean Water Act action was dealt a devastating blow by the U.S. Supreme Court. Here are some of the top environmental policy developments in 2023.
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December 19, 2023
AmerisourceBergen Ruling Sharpens Del.'s Compliance Focus
The Delaware Supreme Court's revival of a multibillion-dollar stockholder derivative suit against drug giant AmerisourceBergen Corp. has heightened court concern for assuring fiduciary loyalty and care compliance among state-chartered companies caught up in lawbreaking claims elsewhere, experts told Law360.
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December 19, 2023
Gov't Nears Deal In $129M Loan Fight With Telecom
Sandwich Isles Communications and a U.S. Department of Agriculture bank have come to general terms about how and when to sell off the Hawaii-based telecom carrier's assets to help pay back the $129 million in federal loans it defaulted on, according to a recent filing.
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December 19, 2023
Calif. Tribe Says Union Must Wait To Finish Labor Arbitration
A California tribe is seeking to dismiss allegations it refused to select an arbitrator to count signed cards that would allow casino employees to unionize, arguing the court lacks subject matter jurisdiction over the issue and the claims are unripe, as talks between the parties have already started.
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December 19, 2023
Senate Confirms Former Cherokee Nation AG To Judgeship
The Senate voted 52-14 on Tuesday to confirm former attorney general of the Cherokee Nation Sara Hill to serve on the bench of the Northern District of Oklahoma.
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December 19, 2023
Tribal Leaders Call For More Support To Sustain Broadband
Native American telecoms are urging the Federal Communications Commission to ensure broadband networks on tribal lands can be sustained long-term, not backed only by one-time investments through development funds.
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December 19, 2023
Calif. Tribe Says Compact Moots 'Bad Faith' Negotiations Suit
The Redding Rancheria, a federally recognized tribe in Northern California, has told a federal judge that a new gambling compact moots the bad faith negotiations suit it lodged against the Golden State.
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December 18, 2023
'Pay-As-You-Trespass' Remedy Can't Stand, Tribe Argues
Enbridge Energy Co. shouldn't be allowed to pay essentially "fair rental value" with a lower court's three-year pass allowing the company to continue operating a controversial pipeline on reservation land despite federal law stating such forced conveyance is invalid, a native tribe in Wisconsin told the Seventh Circuit.
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December 18, 2023
Del. Justices Reverse Chancery AmerisourceBergen Suit Toss
Delaware's Supreme Court on Monday overturned a 2022 Chancery Court order that dismissal of federal opioid-related damage claims against AmerisourceBergen in West Virginia justified scuttling a multibillion-dollar stockholder derivative lawsuit, finding the decision "inconsistent" with the court's rules for derivative actions and evidence.
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December 18, 2023
Army Corps Wrongly Rejected Bids Over Scanned Signatures
A Court of Federal Claims judge ruled that the U.S. Army Corps of Engineers unreasonably excluded a company from consideration for construction contracts after submitting copied bid bonds, saying the Corps relied on an "irrational" U.S. Government Accountability Office decision.
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December 18, 2023
Kentucky Urges 6th Circ. To Revive WOTUS Suit
Kentucky on Monday urged the Sixth Circuit to revive its lawsuit challenging the federal government's controversial rule defining its jurisdiction under the Clean Water Act.
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December 18, 2023
Alaska LNG Enviro Review Still Lacking, DC Circ. Told
The U.S. Department of Energy continues to unlawfully discount the climate change harms associated with a $43 billion liquefied natural gas project in Alaska despite performing a supplemental environmental review, environmental groups told the D.C. Circuit.
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December 18, 2023
Feds Defend Chevron Deference In Second High Court Case
The federal government on Friday reiterated its plea to the U.S. Supreme Court to preserve a long-standing legal doctrine that allows judges to defer to executive branch agency legal interpretations in some rulemaking processes.
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December 18, 2023
Calif. County Sued For 'Shock And Awe' Raid On Cannabis Op
A former Army Green Beret officer is suing Riverside County, California, claiming an unlawful "shock and awe" raid by its sheriff's department laid waste to a permitted cannabis operation on sovereign Torres Martinez Desert Cahuilla Indian Tribe land, causing more than $10 million in losses and damages.
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December 18, 2023
ND Needs More Time For New Voting Map, Lawmakers Say
The North Dakota Legislative Assembly is asking the Eighth Circuit for "a reasonable opportunity" to come up with a new redistricting plan that would remedy Voting Rights Act violations, saying a lower court's Dec. 22 deadline does not allow enough time for remedial legislation to get through the state's processes.
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December 18, 2023
Feds Lean On High Court Immigration Win In Border Wall Row
The Biden administration rebuked red states' efforts to block plans to spend border wall funding on remediation projects instead of new construction, telling the Texas federal court that a recent high court victory doomed claims that the plan was harmful.
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December 15, 2023
The Biggest Trademark Rulings of 2023
The U.S. Supreme Court decided the First Amendment does not shield a poop-themed dog toy from infringement claims in a suit over a parody of Jack Daniel's famous whiskey bottles, and the justices concluded federal trademark law does not extend to conduct in other countries. Here are Law360's picks for the biggest trademark rulings of 2023.
Expert Analysis
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9 Legal Ethics Considerations In Natural Disaster Preparation
Since natural disasters like Hurricane Ian do not relieve lawyers of their ethical obligations to clients, law firms should focus their preparedness efforts on specific areas crucial to continuity of representation and ethics compliance, like business and communications contingency planning, record redundancy and more, says Mark Hinderks at Stinson.
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Series
My Favorite Law Prof: How I Learned To Put Law Into Practice
Massachusetts U.S. Attorney Rachael Rollins looks back at how Judge Charles Spurlock's trial advocacy class at Northeastern University School of Law challenged her to apply what she had already learned about civil and criminal procedure, evidence and criminal law to solving real-world problems.
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What To Consider When Leaving BigLaw To Go Solo
Attorneys contemplating leaving their once-ideal job in BigLaw to start their own business should take certain concrete steps before they depart, such as saving money and drafting a business plan, and prepare for some common challenges, says Claudia Springer at Novo Advisors.
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Series
My Favorite Law Prof: How I Learned Education Never Ends
D.C. Circuit Judge David Tatel reflects on what made Bernard Meltzer a brilliant teacher and one of his favorite professors at the University of Chicago Law School, and how Meltzer’s teachings extended well past graduation and guided Judge Tatel through some complicated opinions.
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Opinion
New-Parent Attorneys Need Automatic Litigation Stays
To facilitate parental leave for solo practitioners and small-firm attorneys excluded from the Family and Medical Leave Act's protections, the American Bar Association should amend its rules to implement automatic litigation stays for attorneys welcoming a new child, says attorney Gabriel Levy.
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Associate Skills That Impress Firms In A Cooling Job Market
With the lateral hiring market calming down and law firms no longer overlooking resume deficiencies when evaluating candidates, associates at all levels should be cognizant of the skills and attributes that make them marketable to prospective employers, says J.B. Pullias at VOYlegal.
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High Court Could Resolve Thorny Atty-Client Privilege Issue
The U.S. Supreme Court recently granted review in a federal grand jury proceeding that presents a rare opportunity to clarify — and possibly significantly expand — the scope of the attorney-client privilege for complex mixed-purpose communications with counsel, says David Greenwald at Jenner & Block.
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Internet Gaming Biz Hit The Jackpot With Wire Act Ruling
A Rhode Island federal court's order in IGT v. Garland last month — siding with the First Circuit's interpretation of the Wire Act and confirming it applies only to sports betting — opens up opportunities for interstate online gaming and gambling, which will entail harmonized regulation and taxation regimes, say attorneys at Blank Rome.
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Minn.'s New Common Interest Doctrine: A Primer
In its recent ruling in Energy Policy Advocates v. Ellison, the Minnesota Supreme Court adopted the common interest doctrine, extending confidentiality to communications between an attorney and client that include a third party — but successful use of the doctrine will require care, preparation and attention to detail, says George Singer at Ballard Spahr.
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Refining Info Governance As E-Discovery Gets More Complex
Courts are increasingly requiring litigants to produce chats and other conversations recorded on business collaboration platforms as evidence, so companies should develop strategies for preserving and organizing such data to timely comply with e-discovery requests and to protect sensitive information, say attorneys at Akerman.
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Permitting Reform: Electric Transmission Implications
While Sen. Joe Manchin recently withdrew his energy infrastructure permitting reform proposal, it is likely that it will remain high on the congressional agenda — especially given its potential to transform authorizations and reviews for electric transmission projects, say attorneys at Steptoe & Johnson.
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Risk Mitigation In Face Of Rising Legal Malpractice Claims
As the recent rise in frequency and cost of legal malpractice claims is expected to continue amid global high inflation and economic uncertainty, law firms and insurers would be wise to evaluate key risk areas and consider six steps to minimize exposure, say Nicole Shapiro and Cory Stumpf at Atheria Law.
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Opinion
Justices' Clean Water Act Queries Hint At Search For Balance
While some predict that the U.S. Supreme Court's conservative majority will use Sackett v. U.S. Environmental Protection Agency to strike a blow against the Clean Water Act, the justices' scrutiny of simplistic industry assertions during oral argument offers hope that they may render a more nuanced verdict, says Sambhav Sankar at Earthjustice.
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Series
Keys To A 9-0 High Court Win: Look For Common Ground
When arguing for the petitioner in Golan v. Saada before the U.S. Supreme Court earlier this year, a focus was placed on appealing to multiple judicial philosophies with the aim of not only winning each justice’s vote, but also achieving clear guidance from the court’s opinion, says Karen King at Morvillo Abramowitz.
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Slow EPA Approvals Impair State Carbon Storage Plans
Given the Biden administration's enormous climate goals — including promoting geologic storage of carbon dioxide — the U.S. Environmental Protection Agency should consider improvements to its sluggish process for approving states' applications to manage carbon sequestration wells, say Anna Wildeman and Dave Ross at Troutman Pepper.