Native American

  • June 16, 2017

    Judge Nixes Delay In $2B Loan Scam Despite Late Discovery

    A New York federal judge on Friday refused to push back the September trial of race car driver Scott Tucker and lawyer Timothy Muir, charged with running a $2 billion illegal payday lending operation, despite a recent turnover by prosecutors of more than 500 hours of audio and millions of pages of spreadsheets.

  • June 16, 2017

    Cherokee Defend Trust Management Suit Against Fed. Govt.

    The Cherokee Nation on Thursday pressed an Oklahoma federal court to reject the federal government’s attempt to duck a lawsuit claiming it has failed to properly manage the tribe’s trust assets, saying that its dismissal arguments have already been deemed ineffective.

  • June 16, 2017

    Mich. Tribe Says Rival Shouldn't Intervene In Casino Suit

    The Bay Mills Indian Community of Michigan pressed the Sixth Circuit on Friday not to give another tribe looking to protect its gambling revenue permission to intervene in Bay Mills' suit seeking the right to operate an off-reservation casino. 

  • June 16, 2017

    Calif. County Tax On Leased Tribal Lands Gets Judge's OK

    The Agua Caliente Band of Cahuilla Indians lost its suit accusing a California county of collecting unlawful taxes on leased tribal trust lands on Thursday, when a California federal judge ruled the taxes did not overly interfere with the tribe’s self-governance.

  • June 16, 2017

    9th Circ. Finds It Can't Hear Casino Opponents' Appeal

    The Ninth Circuit on Thursday tossed an appeal with which opponents of a tribe’s San Diego-area casino had hoped to revive their efforts to block the project, agreeing with the federal government that the court could not hear the dispute.

  • June 16, 2017

    NIGC Issues Violation Notice Against Nooksack Casino

    The National Indian Gaming Commission on Thursday told the Nooksack tribe of Washington state to cease and desist from all gambling activity at its Northwood Casino, saying that an investigation has revealed various alleged violations of the Indian Gaming Regulatory Act.

  • June 15, 2017

    Dakota Access Ruling Boosts Tribes Seeking Enviro Justice

    A D.C. federal court decision forcing the government to re-examine its final approval of the Dakota Access pipeline granted in the first month of the Trump administration gives new legal ammunition to tribes who argue they must be treated fairly when agencies assess the environmental damage a project might cause, attorneys say.

  • June 15, 2017

    House Bill Would Reverse Land Swap For Mining Co. Project

    The ranking member of the House Natural Resources Committee floated a bill Thursday that would undo Congress’ approval of a land swap meant to help a copper mining company co-owned by Rio Tinto PLC and BHP Billiton PLC subsidiaries build a proposed copper mine on land in Arizona that is sacred to Native Americans.

  • June 15, 2017

    Judge Says No Sanctions For Pipeline Co. In Tribal Land Row

    An Oklahoma federal judge on Thursday denied a bid from a group of tribal landowners to sanction Enable Midstream Partners LP for allegedly refusing to respond to discovery requests in a suit challenging the company’s ongoing use of a gas pipeline on the landowners' property, finding some of the company's objections justified.

  • June 15, 2017

    Navy Accused Of Violating CWA After Cleaning Retired Ship

    The Suquamish Tribe and a pair of nonprofit environmental groups asked a Washington federal judge Wednesday to stop the Navy from cleaning decommissioned ships at a federal superfund site on the Puget Sound, accusing the government of violating the Clean Water Act.

  • June 15, 2017

    FCC's Pai Pushes Cell Service, Internet For Indian Country

    The head of the Federal Communications Commission told a Native American conference Wednesday that his agency is working to increase cell phone and internet service on tribal lands, touting funding commitments and citing efforts to reach consensus on reducing regulatory barriers.

  • June 15, 2017

    Dakota Access Pipeline To Get Deeper Enviro Review

    A federal judge ruled Wednesday that the U.S. Army Corps of Engineer’s environmental review of Energy Transfer Partners unit Dakota Access LLC’s controversial crude oil pipeline was not entirely up to snuff, but did not yet decide whether to halt the pipeline’s operation as the agency works to fix the deficiencies.

  • June 14, 2017

    Justice Ginsburg On Oral Argument And ‘Imperious’ Attorneys

    Justice Ruth Bader Ginsburg discusses the value of oral arguments, advice for advocates, and the one thing lawyers do that irks her, in the second of two articles based on an exclusive interview.

  • June 14, 2017

    Fed. Gov’t Hit With $3.8M Verdict In Brain Damage Suit

    An Alaska federal judge put the U.S. government on the hook for $3.8 million after ruling that medical staff at a federally funded health clinic provided negligent emergency room treatment to an Alaska Native woman who went into cardiac arrest and suffered permanent brain damage.

  • June 14, 2017

    9th Circ. Says Pre-1919 Water Rights Subject To Forfeiture

    The Ninth Circuit on Tuesday overturned a lower court’s conclusion that water rights secured before 1919 could not be lost under Arizona’s forfeiture statute, but still upheld that court's denial of a mining company's applications to sever and transfer the rights to water from the Gila River.

  • June 14, 2017

    Ariz. Irrigation District Sues DOI, Claims Inflated Rates

    The San Carlos Irrigation and Drainage District in Arizona has filed a complaint in Federal Claims Court accusing the Department of the Interior and Bureau of Indian Affairs of charging landowners improperly high operation and maintenance costs for water services.

  • June 14, 2017

    Feds, Tribe Lose Bids To Duck Rancher's Roadwork Suits

    A Montana federal judge on Tuesday rejected the federal government’s and an Indian tribe’s bids for quick wins in a tribe member’s suits alleging the construction of a road that crosses her ranch caused property damage and the discharge of pollutants, finding her claims were not too late.

  • June 14, 2017

    BLM Puts Gas Venting And Flaring Rule On Hold

    The U.S. Bureau of Land Management said Wednesday that it will postpone compliance for key portions of its rule limiting methane venting and flaring from gas wells, after congressional efforts to repeal the regulation failed and a federal judge refused to block its implementation while it's challenged in court.

  • June 14, 2017

    Tribe Doubles Down On Bid To Duck Casino Management Suit

    The Picayune Rancheria of Chukchansi Indians on Tuesday doubled down on its bid to toss a casino management company's suit alleging that it lost $21 million when the tribe didn’t follow through on a management contract for the tribe’s casino, saying that its sovereign immunity bars the court from having jurisdiction.

  • June 13, 2017

    Zinke Says Gov't Is Failing Tribes, Deflects Budget Concerns

    Interior Secretary Ryan Zinke told a National Congress of American Indians conference Tuesday that federal programs serving tribes aren’t working, as NCAI officials and tribal leaders raised concerns about funding cuts to such programs in the Trump administration’s proposed budget.

Expert Analysis

  • Monthly Column

    Gray Matters: Identities Are Us

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    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • 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.