Native American

  • March 13, 2018

    Alaska Tribal Org Says Feds Can't Duck Land Cleanup Row

    A health care nonprofit run by an Alaskan tribe slammed the federal government's bid to escape a suit over its failure to clean up and transfer oil-contaminated land to the nonprofit, telling a D.C. federal judge Tuesday the government’s contention that the claims are time-barred runs contrary to case law.

  • March 13, 2018

    Tribe Says Opioid Makers Caused 'Public Health Crisis'

    A northern California tribe added another complaint to the slew of cases over the opioid epidemic Monday, slapping Purdue Pharma LP and other drug manufacturers and distributors with a suit accusing the companies of lying about the addictiveness of their drugs and hiding suspicious orders from regulators.

  • March 13, 2018

    'Rent-A-Tribe' Businessman Can't Get Out Of Usury Suit

    A Virginia federal judge on Monday refused to toss a suit against a central player in an alleged “rent-a-tribe scheme” involving an online lending company accused of charging illegally high interest rates on loans while shielding itself from suit by a Michigan tribe’s sovereign immunity.

  • March 12, 2018

    Mining Co. To Shell Out $20M To Cover EPA Cleanup Costs

    An Idaho mining company on Monday agreed to pay the U.S. Environmental Protection Agency $20 million to cover past EPA cleanup costs at a shuttered lead and zinc mine that it will, in return, be able to lease and reopen.

  • March 12, 2018

    DOI Recognizes Nooksack Council Following Tribal Election

    The Nooksack Indian Tribe on Friday announced that the U.S. Department of the Interior has reinstated recognition of its leadership in the wake of a December special tribal election.

  • March 12, 2018

    Feds Settle Suit Over Baby's Death At Tribal Hospital

    The federal government said Monday it has agreed to settle a suit from the parents of a child they said died as a result of substandard care received at a hospital operated through the Indian Health Service.

  • March 12, 2018

    Mining Org Asks High Court To Hear Uranium Ban Challenge

    A mining group on Friday asked the U.S. Supreme Court to review the Ninth Circuit’s decision upholding the U.S. Department of the Interior’s moratorium on uranium mining on more than 1 million acres around Grand Canyon National Park. 

  • March 12, 2018

    Feds, Groups Ask Justices To Hear Okla. Tribal Murder Row

    In three separate briefs on Friday, the federal government and a selection of organizations ranging from oil interests to professional associations asked the U.S. Supreme Court to review and overturn a Tenth Circuit decision that tossed a murder conviction and death sentence for a Muskogee (Creek) Nation member.

  • March 9, 2018

    Why The ‘Blue Slip’ Battles Are Becoming White Hot

    It’s more of a norm than a rule. Its use has shifted over time, often with political winds. But the once-obscure Senate tradition is now front and center in the boiling debate over the future of the judiciary.

  • March 9, 2018

    Senior Judges Fill The Void Left By Rampant Vacancies

    More federal judges are skipping the golf course to head back to the courtroom upon taking senior status, and they're playing an increasingly vital role in a strained system.

  • March 9, 2018

    How Far Right Can The President Pull The Courts?

    Although President Donald Trump set a record with the number of circuit judges he named during his first year, experts say that's not the whole story. Here’s our data-driven look at what the White House faces in its quest to reshape the appeals courts.

  • March 9, 2018

    Nooksack RICO Suit Doesn’t Fit In Fed Court, 9th Circ. Told

    Nooksack tribal officials told a Ninth Circuit panel on Friday that a Racketeer Influenced and Corrupt Organization Act lawsuit from members who say the officials conspired to strip them of their enrollment doesn’t belong in federal court, while one judge opined that the allegations described a record that “a tin-pot dictator of a banana republic might be proud of.”

  • March 9, 2018

    Tribe Says PTAB Can't Weigh Restasis Patents During Appeal

    The Native American tribe that acquired patents covering Allergan PLC’s Restasis medication told the Patent Trial and Appeal Board on Thursday that the tribe's recent appeal to the Federal Circuit prevents the board from deciding challenges over the patents' validity.

  • March 9, 2018

    Enerplus Asks 8th Circ. To Affirm Win In $3M Royalty Row

    Oil and gas exploration company Enerplus Resources Corp. urged the Eighth Circuit to cement its victory in a lawsuit it brought to recover $2.96 million in mistaken royalty overpayments it made to a Three Affiliated Tribes member and his former and current attorneys.

  • March 9, 2018

    Utes Hit Feds With Water, Land Mismanagement Suits

    The Ute Indian Tribe of the Uintah and Ouray Reservation has filed two sets of suits against the federal government in D.C. district court and the U.S. Court of Federal Claims, alleging that the government has mismanaged the tribe’s water rights as well as a portion of the tribe’s Utah reservation known as the Uncompahgre Reservation.

  • March 9, 2018

    Ex-Tribal Atty Urges 9th Circ. To Revive Age Bias Case

    A former attorney for Arizona's Gila River Indian Community urged the Ninth Circuit on Wednesday to revive his age discrimination suit against his ex-employer, a case that started in tribal court in 2013.

  • March 8, 2018

    Enviro Justice Council Tells EPA To Focus On Water Access

    The U.S. Environmental Protection Agency needs to do a better job of helping to ensure access to safe drinking water and appropriate wastewater treatment and disposal systems, the EPA’s National Environmental Justice Advisory Council said Thursday.

  • March 8, 2018

    Calif. Farmers Say Water Flow Order Is Unnecessary

    Farms and ranches that use water from a source in northern California and southern Oregon asked a California federal judge Wednesday to modify a water flow order meant to protect salmon populations, arguing that new evidence showed the measures are unnecessary in 2018.

  • March 8, 2018

    Wind Farm Cos. Urge Justices To Hear Osage Lease Case

    Oklahoma wind farm developers have urged the U.S. Supreme Court to hear their bid to overturn a Tenth Circuit decision that they needed a mineral lease from the Osage Nation and federal approval for surface construction on their project, saying the ruling wrongly favored the tribe’s financial interests over the property rights of individual Indians and their successors.

  • March 8, 2018

    NY Senator Pitches 8.5% Tax On Casinos' Sports Revenue

    New York state Sen. John Bonacic introduced a bill Wednesday that would regulate sports betting and mobile sports wagering in the state, calling for regulation of pro and college sports and proposing an 8.5 percent tax on casinos' sports wagering gross revenue.

Expert Analysis

  • Series

    EPA In The Trump Era: The DOJ's 3rd-Party Payment Policy

    Raymond Ludwiszewski

    The U.S. Department of Justice's 2017 memo ending the previous administration's common practice of paying various nongovernmental, third parties as a condition of settlement with the U.S. is an important change of course that will meaningfully impact the contours of future judicial civil consent judgments with the U.S. Environmental Protection Agency, says Raymond Ludwiszewski, former EPA general counsel and partner at Gibson Dunn & Crutcher LLP.

  • Series

    EPA In The Trump Era: Making Sense Of Waters Of The US

    Larry Jensen

    In one of his first official acts, President Donald Trump ordered the U.S. Environmental Protection Agency to rescind and replace the Obama administration's Clean Water Rule. Regardless of the outcome of Trump’s effort, the controversy over the meaning of the phrase “waters of the United States” is likely to continue for many years, says Larry Jensen, former EPA general counsel and shareholder at Brownstein Hyatt Farber Schreck LLP.

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • Upper Skagit To Set The Bar For Tribal Sovereign Immunity

    Carson Cooper

    In Upper Skagit v. Lundgren, the outer limits of tribal sovereign immunity will likely depend on the swing votes of Chief Justice John Roberts and Justice Anthony Kennedy. The U.S. Supreme Court is likely to uphold Upper Skagit's immunity, but the downside risk of the case is substantial, says Carson Cooper of Lippes Matthias Wexler Friedman LLP.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • The Art Of The Litigation Funding Deal

    Julia Gewolb

    As litigation funding becomes more widespread, greater complexity and variability in funding deals are to be expected. All claimants should consider certain key questions on the economics of single-case funding when considering or comparing funding terms, says Julia Gewolb of Bentham IMF.

  • Smart Contracts Need Smart Corporate Lawyers

    Matthew O’Toole

    Given the operational and security risks involved, and the substantial digital asset values transacted, the rise of distributed ledger technology and smart contracts will create new opportunities and responsibilities for transactional lawyers, say attorneys with Potter Anderson Corroon LLP.

  • How To Fix Your Broken Client Teams

    Mike O'Horo

    Law firms claim they create client teams to improve service. Clients aren’t fooled, describing these initiatives as “thinly veiled sales campaigns.” Until firms and client teams begin to apply a number of principles consistently, they will continue to fail and further erode clients’ trust, says legal industry coach Mike O’Horo.