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Native American

  • August 6, 2018

    Cherokee Nation Wants Purdue Opioid Row In State Court

    The Cherokee Nation on Monday pushed to send back to Oklahoma state court its lawsuit seeking to hold Purdue Pharma accountable for its alleged role in an explosion of opioid abuse among tribe members, blasting Purdue for contending the case belongs in federal court instead.

  • August 6, 2018

    Providers Say Don't Kill Hospital Bellwether In Opioid MDL

    A coalition of 44 hospitals that say they are on the front lines of treating the opioid epidemic on Friday asked to weigh in on multidistrict litigation over the opioid crisis, arguing that efforts to dismiss a bellwether lawsuit for hospitals should be rejected.

  • August 6, 2018

    Landowner Can't Revive Okla. Drill Permit Suit At 10th Circ.

    A Tenth Circuit panel on Monday largely backed a lower court's decision to toss a suit brought by an Oklahoma landowner over claims that the U.S. Bureau of Indian Affairs let an energy exploration company drill on his land without an environmental review, saying the claims against the government are untimely.

  • August 6, 2018

    GAO Says More Info Needed On Southern Border Wall's Cost

    The U.S. Customs and Border Protection needs to provide additional information regarding construction costs for a wall at the United States’ southwest border, as the agency's analysis does not account for how topography, land ownership and other factors will affect its ultimate price tag, a report released Monday by the U.S. Government Accountability Office said.

  • August 3, 2018

    Cayuga Group Seeks Fast Win Over BIA In Tribal Leaders Suit

    Members of the Cayuga Nation pressed a D.C. federal court on Friday to hand them a win in their suit against the Bureau of Indian Affairs over its recognition of another group as the tribe's leaders, saying they have both "liberty and property interests at stake" in the case and that the government has violated their due process rights.

  • August 3, 2018

    Think Finance Can't Dodge CFPB Suit, Judge Says

    A Montana federal judge on Friday rejected Think Finance LLC's bid to end a Consumer Financial Protection Bureau suit accusing the financial technology company of deceiving borrowers and using sham tribal lenders to collect money it wasn't owed, saying the CFPB’s structure is legal and tribal leaders don’t have to be joined to the suit.

  • August 3, 2018

    Feds Can't Halt Tribe's Suit Over Neb. Cigarette Laws

    A federal judge on Thursday refused the federal government's bid to pause a suit filed by two tribe-owned cigarette companies challenging the application of two Nebraska laws, saying the government hadn’t shown that its criminal investigation of the companies would be hindered by letting the case go on.

  • August 3, 2018

    Indian Health Service Seeks Nix Of Tribal Health Co.'s Suit

    The federal government has urged a D.C. federal court to toss a suit from a tribally governed health care organization challenging an Indian Health Service decision that the organization claims would reduce certain cost payments it was due by millions of dollars, saying the court lacks jurisdiction to hear the suit.

  • August 3, 2018

    Casino Ruling May Take Bargaining Chip Away From Tribes

    A recent Tenth Circuit decision that a suit over a slip-and-fall at a Navajo casino belongs in tribal court bolsters tribes’ authority over their businesses, but it could end up costing tribes leverage in negotiating business deals beyond gaming compacts.

  • August 2, 2018

    DOJ Tells 9th Circ. Texas Ruling Doesn't Back ICWA Challenge

    A Texas federal judge’s recent decision not to dismiss a legal challenge to the Indian Child Welfare Act brought by states and foster families does not lend support to non-Native American couples’ efforts to revive their case claiming parts of the act are discriminatory and unconstitutional, the federal government has told the Ninth Circuit.

  • August 2, 2018

    Calif. Inks New Tribal-State Gambling Deal, Updates 3 More

    The state of California has signed off on a new gaming compact with the La Jolla Band of Luiseño Indians and amended existing compacts with three other tribes in the state, Gov. Jerry Brown announced Thursday.

  • August 2, 2018

    More Tribes Want In On Small-Cell FCC Rule Challenge

    Several tribes have sought to intervene in a challenge to a Federal Communications Commission rule that allowed 5G network builders to avoid tribal consultations, adding to a coalition of Native American communities who are pursuing the challenge at the D.C. Circuit.

  • August 2, 2018

    Calif. Tribe's Online Bingo Is Illegal, 9th Circ. Affirms

    The Ninth Circuit on Thursday upheld a lower court ruling that shut down the Iipay Nation of Santa Ysabel's online bingo site, saying the operation violated the Unlawful Internet Gambling Enforcement Act because bets were placed off the California tribe’s lands and that it wasn’t shielded by the Indian Gaming Regulatory Act.

  • August 2, 2018

    Allergan Files 3rd-Party Claims Against Pfizer In Opioid MDL

    Allergan Finance LLC has hit Pfizer Inc. and a subsidiary with third-party claims in multidistrict litigation over the opioid crisis, arguing that Allergan should be indemnified for having to defend pre-2009 misleading marketing allegations relating to a prescription opioid.

  • August 1, 2018

    New 'Calexit' Would Give Half Of Calif. To Native Americans

    The organizers of a campaign to have California secede from the United States announced a revamped plan on Wednesday that would involve giving roughly half the land in the state back to Native Americans.

  • August 1, 2018

    Opioid MDL Counties Get Partial Info From McKesson Report

    A special master appointed to oversee a discovery dispute in multidistrict litigation over the opioid crisis partially granted a request by counties for more information from a McKesson Corp. investigation into suspicious drug order oversight, finding Wednesday the counties are entitled to witness names but that statements and terms used in the investigation are protected work product.

  • August 1, 2018

    Bill Would Jack Up Fines For Disturbing Native Graves

    U.S. Rep. Todd Rokita, R-Ind., has introduced a bill that would increase civil penalties for violations of a federal law governing Native American human remains, burial objects, and other sacred and cultural items.

  • August 1, 2018

    FTC Sues Auto Dealers For Allegedly Deceiving Navajo Buyers

    A group of related automobile dealers located in Arizona and New Mexico near the edge of the Navajo Nation’s borders has been hit with a federal lawsuit by the Federal Trade Commission alleging that, among other things, it put out ads for vehicles that were misleading and that many of those impacted were nation members.

  • August 1, 2018

    JPML Won't Centralize 3 Separate Tribal Lender Cases

    The U.S. Judicial Panel on Multidistrict Litigation on Wednesday said that although allegations that a tribe-linked lender was used as a front to evade state usury laws are similar in three separate cases, they don't need to be centralized in Oklahoma federal court.

  • August 1, 2018

    DOI, Enviros, Tribe Ask Justices To Pass On Uranium Ban

    The federal government, environmental groups and a Native American tribe have urged the U.S. Supreme Court to not review a Ninth Circuit decision that had upheld the U.S. Department of the Interior’s moratorium on uranium mining on more than 1 million acres around Grand Canyon National Park.

Expert Analysis

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Tax Decisions Bring Challenges And Opportunities To Tribes

    Rob Roy Smith

    In the wake of U.S. v. Jim in the Eleventh Circuit and South Dakota v. Wayfair in the U.S. Supreme Court, Native American tribes should takes steps to protect their rights under the general welfare exclusion and assert their sovereignty to impose new sales taxes, says Rob Roy Smith of Kilpatrick Townsend & Stockton LLP.

  • Is It Time For A Challenge To Chevron Deference?

    Joseph Diedrich

    In a recent concurring opinion, outgoing U.S. Supreme Court Justice Anthony Kennedy expressed some skepticism over the scope of the "Chevron deference" doctrine, which requires federal courts to defer to an administrative agency’s "reasonable" interpretation of an ambiguous statute. Overturning or limiting Chevron could have a profound effect on the power of federal agencies, says Joseph Diedrich of Husch Blackwell LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.