Try our Advanced Search for more refined results
Native American
-
March 21, 2024
Tribe's Opioid Suit Can Head To State Court, Okla. Judge Says
An Oklahoma federal magistrate judge has granted the Cherokee Nation's bid to move to state court its suit accusing pharmaceuticals distributor Morris & Dickson of flooding the tribe's communities with opioids, saying the company only fulfilled one of four prongs necessary for establishing federal jurisdiction.
-
March 21, 2024
Fla. High Court Won't Take Up Gambling Compact Challenge
The Florida Supreme Court refused Thursday to take up a challenge by two casino operators over the state's gambling pact with the Seminole Tribe, declaring the petition — which says the governor exceeded his authority in signing the pact — is the improper vehicle for assessing the constitutionality of the pact.
-
March 20, 2024
Justices Ask How Texas, NM Can Cut Water Deal Without Feds
U.S. Supreme Court justices on Wednesday questioned whether Texas, New Mexico and Colorado can settle their dispute over Rio Grande water rights without the approval of the federal government — which is arguing the deal could leave the water systems in those states high and dry.
-
March 20, 2024
US Senators Seek Clemency For Native American Activist
A group of mostly Democratic senators is urging U.S. Attorney General Merrick Garland to release compassionately a Native American activist who is serving a life sentence for his alleged involvement in the 1975 murder of two FBI agents, saying he is suffering from severe health conditions and should be able to live out his remaining days among his own people.
-
March 20, 2024
How The Supreme Court Could Narrow Chevron
After hours of oral argument in a closely watched administrative law case, it appeared that some U.S. Supreme Court justices could be open to limiting the opportunities for lower courts to defer to federal agencies' legal interpretations in disputes over rulemaking — and legal experts said there are a number of ways they could do it.
-
March 20, 2024
Feds Didn't Consider LNG Rule's Impact On Tribe, Court Told
The Puyallup Tribe of Indians has fired back at the U.S. Department of Transportation's defense of a rule permitting bulk rail transport of liquefied natural gas, telling the D.C. Circuit the agency failed to engage in meaningful dialogue during the rule's development.
-
March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
-
March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
-
March 20, 2024
DA Says Greenhouse Suit Interferes With Code Enforcement
The San Bernardino County district attorney is asking a California federal judge to throw out a suit from a Native American-owned company aiming to block the DA from abating and removing equipment from greenhouses that was used in an illegal cannabis operation involving a prior owner.
-
March 19, 2024
Wash. Hydro Co. Says Dam Removal Plan Follows Court Order
A Washington hydroelectric company insists it is not disobeying a court order to remove part of a temporary rock dam that harms migrating fish, telling a federal judge that a tribe's alternative is not structurally sound and cannot be permitted.
-
March 19, 2024
Hydro Co. Asks FERC To Redo Tribe Opposition Permit Denial
A Massachusetts company pursuing hydroelectric projects on Navajo Nation land is asking the Federal Energy Regulatory Commission to revisit an order that denied preliminary permits because the nation opposed them, maintaining it has secured support from tribal entities to show otherwise — an assertion the nation's attorney general disputes.
-
March 19, 2024
Fishers Angle For Justices' Attention With New Monument Suit
Two fishermen are challenging a 5,000-square-mile offshore national monument in a lawsuit that sets up a fight over the extent of presidential power under the Antiquities Act, an issue that has already drawn the attention of U.S. Supreme Court Chief Justice John Roberts.
-
March 19, 2024
Judge Mulls Smoke Shop Group's Push For Tribe's Damages Data
A New York federal magistrate judge is asking the Cayuga Nation and a former smoke shop, shut down on the grounds it was selling cannabis and untaxed cigarettes, to weigh in on whether the tribe must turn over spreadsheets purportedly detailing damages and lost revenues stemming from the shop.
-
March 19, 2024
OptumRx Can't Get Motley Rice Disqualified From Opioid MDL
An Ohio federal judge has denied a bid by pharmacy benefit manager OptumRx to disqualify Motley Rice LLC from representing plaintiffs in the national opioid litigation, saying the company hasn't shown that the firm's prior representation of states investigating opioids puts the company at a disadvantage in the multidistrict litigation.
-
March 18, 2024
Tribal Health Groups Say IHS Owes $4M In Support Funding
Two tribal health groups serving parts of Alaska are suing the U.S. Department of Health and Human Services for failing to pay nearly $4 million in contract support costs for their delivery of services paid for with third-party revenue they collected, the subject of a matter now pending before the U.S. Supreme Court.
-
March 18, 2024
North Dakota Tribes Urge 8th Circ. To Uphold VRA Ruling
Two North Dakota tribes are urging the Eighth Circuit to uphold a ruling that the state's new legislative redistricting map violated the Voting Rights Act, arguing that state lawmakers' claims that a provision of the Civil Rights Act doesn't apply to the "most significant Reconstruction amendment enforcement statute — the VRA — is unprecedented and meritless."
-
March 18, 2024
4th Circ. Sends Opioid 'Nuisance' Question To W.Va. Top Court
The Fourth Circuit asked West Virginia's high court Monday to determine whether the state's public nuisance law can be used to target companies that shipped drugs to pharmacies in a community ravaged by addiction, a crucial question in litigation spawned by the opioid crisis.
-
March 18, 2024
Judge Pauses Fla. Tribe's Suit Over Clean Water Act Program
A Florida federal judge on Monday paused a lawsuit brought by the Miccosukee Tribe of Indians alleging the U.S. Environmental Protection Agency improperly granted the state permitting authority under a Clean Water Act program, saying the case could be moot if an order in similar litigation is allowed to stand.
-
March 18, 2024
FCC Raises Broadband Speeds, But Many ISPs Already There
Many households across the country can already get the Federal Communications Commission's new benchmark for broadband internet, but making sure that level of service reaches rural and tribal areas remains a tough challenge.
-
March 18, 2024
SunZia Argues Suit Over Power Line Project Filed Far Too Late
The developer of the proposed SunZia Southwest Transmission Project is asking an Arizona federal court to dismiss claims that the U.S. Department of the Interior failed to take a proper look at historic properties and cultural resources that the 550-mile power line might affect, arguing that the allegations are time-barred.
-
March 18, 2024
Feds, Tribes, Casinos Face Off Over Trust Land Request
The Interior Department, Detroit-area casinos and two tribes are urging the D.C. Circuit to reject the Sault Ste. Marie Tribe of Chippewa Indians' bid to compel the federal government to take land into trust for a casino venture several hundred miles away from its other trust lands on Michigan's Upper Peninsula.
-
March 18, 2024
Energy Dept. Says Alaska LNG Review Passes Legal Muster
The U.S. Department of Energy on Friday defended its reapproval of a $43 billion liquefied natural gas project in Alaska, telling the D.C. Circuit that its additional environmental review sufficiently considered the climate change impacts of the controversial project.
-
March 16, 2024
Up Next At High Court: Gov't Jawboning & Retaliatory Arrests
The U.S. Supreme Court has a packed oral arguments calendar this week that includes disputes over the Biden administration's work with social media companies to combat misinformation, the appropriate evidence standard for bringing retaliatory arrest claims and whether the federal government can object to a consent decree entered into by three states.
-
March 15, 2024
Alaska, Cos. Hit Feds With $700B Pebble Mine Takings Suits
The state of Alaska and a company behind the controversial Pebble Mine construction project filed separate takings lawsuits against the federal government in the U.S. Court of Federal Claims on Thursday, seeking more than $700 billion in damages for blocking development of the area that's home to important fisheries.
-
March 15, 2024
Fla. Deal Might Let Illegal Gambling 'Proliferate,' Justices Told
A coalition of South Florida gambling opponents are urging the U.S. Supreme Court to reverse a lower court's determination that a sports betting compact between the Sunshine State and the Seminole Tribe is lawful, arguing that their business and property interests will be negatively affected by the "unprecedented statewide gambling expansion."
Expert Analysis
-
Opinion
Legal Profession Gender Parity Requires Equal Parental Leave
To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.
-
Series
Writing Thriller Novels Makes Me A Better Lawyer
Authoring several thriller novels has enriched my work by providing a fresh perspective on my privacy practice, expanding my knowledge, and keeping me alert to the next wave of issues in an increasingly complex space — a reminder to all lawyers that extracurricular activities can help sharpen professional instincts, says Reece Hirsch at Morgan Lewis.
-
What Lawyers Must Know About Calif. State Bar's AI Guidance
Initial recommendations from the State Bar of California regarding use of generative artificial intelligence by lawyers have the potential to become a useful set of guidelines in the industry, covering confidentiality, supervision and training, communications, discrimination and more, say attorneys at Debevoise.
-
Industry Must Elevate Native American Women Attys' Stories
The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.
-
Understanding Discovery Obligations In Era Of Generative AI
Excerpt from Practical Guidance
Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.
-
The Case For Post-Bar Clerk Training Programs At Law Firms
In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.
-
Attorneys Have An Ethical Duty To Protect The Judiciary
The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.
-
AI Can Help Lawyers Overcome The Programming Barrier
Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.
-
Preparing Law Students For A New, AI-Assisted Legal World
As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.
-
Bid Protest Spotlight: Instructions, Jurisdiction, Scrutiny
In this month's bid protest roundup, Michaela Thornton at MoFo examines three recent protests resolved in the U.S. Court of Federal Claims and the U.S. Government Accountability Office that arose from indefinite-delivery, indefinite-quantity contract awards and offer important reminders about the fundamentals of procurement law.
-
General Counsel Need Data Literacy To Keep Up With AI
With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.
-
A Look At Successful Bid Protests In FY 2023
Attorneys at Sheppard Mullin look beyond the statistics in the U.S. Government Accountability Office’s recent annual report on bid protests, sharing their insights about nine categories of sustained protests, gained from reading every fiscal year 2023 decision in which the protester had a positive result.
-
Rite Aid's Reasons For Ch. 11 Go Beyond Opioid Suits
Despite opioid-related lawsuits being the perceived reason that pushed Rite Aid into bankruptcy, the company's recent Chapter 11 filing reveals its tenuous position in the pharmaceutical retail market, and only time will tell whether bankruptcy will right-size the company, says Daniel Gielchinsky at DGIM Law.
-
Navigating Discovery Of Generative AI Information
As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.
-
Finding Focus: Strategies For Attorneys With ADHD
Given the prevalence of ADHD among attorneys, it is imperative that the legal community gain a better understanding of how ADHD affects well-being, and that resources and strategies exist for attorneys with this disability to manage their symptoms and achieve success, say Casey Dixon at Dixon Life Coaching and Krista Larson at Stinson.