Native American

  • October 16, 2017

    Feds, Tribe Urge Justices To Reject Review Of Water Ruling

    The federal government and the Agua Caliente Band of Cahuilla Indians on Friday urged the U.S. Supreme Court to reject a petition by two California water agencies seeking to overturn a Ninth Circuit ruling extending the tribe’s water rights to groundwater in the Coachella Valley.

  • October 16, 2017

    Interior Dept. Names Cherokee Citizen As New BIA Director

    The former leader of the U.S Department of the Interior’s Office of Wildland Fire, a Cherokee citizen, has been tapped to serve as the new director for the Bureau of Indian Affairs, the federal government said in an announcement on Monday.

  • October 16, 2017

    Justices Urged To Strike Down Law Barring Tribal Casino Suit

    A Michigan man has pressed the U.S. Supreme Court to reverse a D.C. Circuit decision backing a law that killed off his legal challenge to a tribal casino project, saying that Congress can't pass a law that violates the separation of powers between the legislature and the judiciary.

  • October 16, 2017

    Judge Hacks Away At Allergan's Restasis Patents

    A federal judge ruled Monday that claims in several patents covering Allergan PLC’s dry-eye drug Restasis are invalid, dealing a blow to the drugmaker just weeks after it transferred the patents to a Native American tribe in an effort to shield them from review at the Patent Trial and Appeal Board.

  • October 16, 2017

    Chamber Urges 2nd Circ. To Trim UPS Penalty In Tobacco Suit

    The U.S. Chamber of Commerce and others on Friday urged the Second Circuit to reverse an order from a federal judge in New York slapping UPS with $237 million in penalties for helping move untaxed cigarettes from tribal lands, arguing that the amount is unconstitutionally excessive.

  • October 13, 2017

    Allergan, Generic Cos. Debate If Tribal Patent Deal Is A 'Sham'

    Generic-drug makers told a Texas federal court Friday that Allergan’s transfer of patents for the dry-eye treatment Restasis to a Native American tribe in a bid to escape Patent Trial and Appeal Board review is a “sham” and “pure hypocrisy,” while Allergan argued the deal is a valid transaction.

  • October 13, 2017

    Florida Tribe's Claim Against Utility Tax Denied

    The Seminole Tribe of Florida’s claims against the state’s imposition of utility tax on electricity used on the tribe’s reservations and properties were dismissed by a Florida federal court because the claims arose out of the same core facts as that of a related case.

  • October 13, 2017

    Tribe Fighting Rival Casino Says Feds Ignored Economic Harm

    The Picayune Rancheria of the Chukchansi Indians sought to upend another California tribe’s plans to build a Las Vegas-style casino less than 30 miles from its own on Friday, warning a D.C. Circuit panel that the project would be disastrous to its bottom line.

  • October 13, 2017

    Auto Racer, Atty Guilty Of Running Predatory Loan Empire

    A Manhattan jury Friday found auto racer Scott Tucker and his attorney Timothy Muir guilty of operating a $2 billion criminal payday loan empire that preyed on millions of vulnerable borrowers and entered into sham deals with Native American tribes in a cynical effort to evade consumer lawsuits and law enforcement.

  • October 13, 2017

    Wyo. Wants In On Suits Over Yellowstone Grizzly Protection

    Wyoming has asked a Montana federal court to let it defend the U.S. government’s decision to take away Endangered Species Act protections for the Yellowstone-area grizzly population in opposition to two suits brought by environmental groups and other activists that are challenging the delisting decision.

  • October 13, 2017

    Tribe Demands Nix Of Slawson Drilling Go-Ahead

    The Mandan, Hidatsa & Arikara Nation on Thursday told a North Dakota federal court that drilling company Slawson Exploration Co. Inc. appealed an administrative order prematurely, arguing that the court should throw the case out so that the U.S. Department of the Interior’s process can continue unimpeded.

  • October 13, 2017

    Tribe Member Tells High Court Treaty Protects Hunting Rights

    A Crow tribe member has urged the U.S. Supreme Court to review his Wyoming state court conviction for unlawful elk hunting in the Bighorn National Forest, saying that the tribe’s treaty right to hunt on unoccupied federal land has never been abrogated.

  • October 12, 2017

    Allergan, Pfizer Unit Reach Deal Over Generic Dry-Eye Drug

    Allergan announced Thursday it has reached a deal with Pfizer-owned drugmaker InnoPharma to end litigation over patents protecting its dry-eye treatment Restasis, a month after Allergan transferred its Restasis patents to a Native American tribe in a bid to escape Patent Trial and Appeal Board review.

  • October 12, 2017

    3 Places The Allergan Tribal Deal May Face Pushback

    Allergan PLC’s controversial attempt to shield patents for dry-eye drug Restasis from review at the Patent Trial and Appeal Board by making a deal with a Native American tribe has drawn intense scrutiny, amid concerns from groups including lawmakers and generic-drug companies. Here are three places where the deal will be closely examined.

  • October 12, 2017

    Racer In $2B Loan Fraud Says Atty Advice Drove Tribal Ties

    A race car driver's strategy to beat charges that he ran a $2 billion criminal payday loan empire came into focus Thursday as he told a Manhattan jury that his ties with Native American tribes were the product of good faith legal advice, but prosecutors countered that he was trying to distract jurors from a mountain of lies.

  • October 12, 2017

    Pa. Appeals Court Rejects Tribal Gaming Co.’s Tax Arguments

    A Pennsylvania appellate court Thursday stood by a panel’s decision that held the commonwealth’s tax authority was correct to find a tribal-owned racetrack and casino company owed $1.2 million in sales and use taxes during a roughly four-year period, rejecting the company’s exceptions to the earlier ruling.

  • October 12, 2017

    Ariz. Agency Says Gov't Must Face Tribal Water Row

    The Central Arizona Water Conservation District told a federal court on Wednesday that the federal government must face its claims in a dispute over its obligations to deliver excess water supply to the Ak-Chin Indian Community, arguing that the government had waived its sovereign immunity under the law.

  • October 12, 2017

    API Says BLM Flaring Rule Twists Definition Of ‘Waste’

    The American Petroleum Institute told a Wyoming federal court Thursday that the Bureau of Land Management’s rule aimed at limiting the venting and flaring of methane from drilling operations on federal and tribal lands relied heavily on a warped and radical definition of “waste.”

  • October 12, 2017

    Ex-Justice Department Environmental Atty Joins Stoel Rives

    Stoel Rives LLP has announced it beefed up its environmental, land use and natural resources group with an attorney who has spent almost all his career in the U.S. Department of Justice’s Environment and Natural Resources Division.

  • October 11, 2017

    Mich. Tribe Wants More From Blue Cross In Hidden Fees Suit

    The Saginaw Chippewa Indian Tribe of Michigan urged the Sixth Circuit on Tuesday to overturn part of a lower court's ruling that Blue Cross Blue Shield of Michigan must pay the tribe roughly $8.4 million for charging hidden fees while managing the tribe's employee benefit plan, arguing it's owed another $5 million for identical claims connected with a group of tribe members.

Expert Analysis

  • 5 Tips To Ensure Proper Deposition Behavior

    Brian McDermott

    If conducted properly, depositions can be a powerful tool. At times, though, opposing counsel employ tactics to impede the examiner’s ability to obtain unfiltered, proper testimony from the deponent. By knowing and effectively using applicable rules and case law, however, deposing attorneys can take specific steps to combat these tactics, say attorneys with Ogletree Deakins Nash Smoak & Stewart PC.

  • Series

    Judging A Book: Tunheim Reviews 'Miles Lord'

    Chief Judge John Tunheim

    Litigator Roberta Walburn’s rollicking new book, "Miles Lord: The Maverick Judge Who Brought Corporate America to Justice," is a really good read — a fascinating story about a life lived in the heat of battle and usually at the edge of what might have been considered appropriate for a federal judge, says Chief U.S. District Judge John Tunheim of the District of Minnesota.

  • Technology Assisted Review Can Work For Small Cases


    For as long as e-discovery lawyers have been using technology assisted review, a belief has persisted that it cannot be used economically or effectively in small cases. But TAR can be highly effective in small cases, typically reducing the time and cost of a review project by 60 to 80 percent, say John Tredennick, Thomas Gricks III and Andrew Bye of Catalyst Repository Systems LLC.

  • DOI's Royalty Policy Committee Could Bring Trust Reform

    David Smith

    This week will be the first meeting of the U.S. Department of the Interior's re-established Royalty Policy Committee, chaired by Vincent DeVito. It is important that this committee use its position as an opportunity to improve the federal government's management of Native American trust resources, says David Smith of Kilpatrick Townsend & Stockton LLP.

  • New Sedona Principles Stress Information Governance

    Saffa Sleet

    The Sedona Conference Working Group's updated Sedona Principles provides a timely reminder that the legal industry needs to be thinking more seriously about the interconnectedness between e-discovery and information governance, says Saffa Sleet of FTI Consulting Inc.

  • Opinion

    Who Will Rescue The US Patent System?

    Peter Toren

    While inter partes review was intended to remove defective patents or claims that were mistakenly issued, it has resulted in the destruction of the patent system. But there may be hope for patent owners other than having to transfer their patents to an entity with sovereign immunity — the U.S. Supreme Court is set to weigh in, says attorney Peter Toren.

  • Opinion

    For More Value And Diversity In Outside Counsel, Go Small

    Sara Kropf

    Albert Einstein famously said, “The definition of insanity is doing the same thing over and over again, but expecting different results.” That maxim applies to large companies that seek more value and diversity from their outside counsel by expecting big firms to change. There’s a simple solution to this problem, according to attorneys Margaret Cassidy, Sara Kropf and Ellen D. Marcus.

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."