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Native American

  • December 3, 2018

    9th Circ. Upholds $1.3B Award Over Payday Loan Scheme

    A Ninth Circuit panel on Monday upheld a $1.3 billion award against pro race car driver Scott Tucker's loan companies, rejecting his arguments that his customers would not have been deceived by the loan terms because he included fine print clarifying the payment schedule.

  • December 3, 2018

    Parents Seek Win Against Tribal Hospital In Birth Injury Suit

    The parents of a baby born with serious brain injuries have urged an Oklahoma federal court to grant their motion for partial summary judgment against a tribal hospital over claims that negligent care resulted in the injuries, arguing that the court should immediately find in their favor on three significant issues.

  • December 3, 2018

    Tribes Sue Wisconsin Over Property Tax On Tribal Land

    A group of Indian tribes has sued Wisconsin in federal court over the collection of property tax on tribal land, asking the Western District of Wisconsin to place an injunction on the assessment or collection of tax.

  • December 3, 2018

    Borrowers Seek Cert. In $18.4M Tribal Lender Suit

    A proposed class of borrowers is seeking certification in Virginia federal court in their suit against a financier allegedly notorious for using tribal sovereignty to float payday advance services far in excess of state-regulated interest rate caps, saying his business unlawfully collected about $18.4 million from consumers.

  • December 3, 2018

    Data-Driven Lawyer: DLA Piper's Eric Falkenberry

    DLA Piper’s Eric Falkenberry quantifies litigation risk for buyers and sellers in the M&A arena, runs data boot camps for colleagues and helps dream up innovative new analytics tools, earning him a spot on our 2018 list of Data-Driven Lawyers.

  • December 3, 2018

    Border Wall Can Skip Enviro Review After Justices Snub Case

    The U.S. Supreme Court on Monday refused to review aspects of an immigration law that let the government skip environmental reviews related to a controversial border wall with Mexico and additionally allowed construction to move forward, denying pleas by environmental groups to strike down parts of the law.

  • November 30, 2018

    The Data-Driven Lawyers Of 2018

    Big Data. Statistical Analysis. Insights. Innovation. These data-driven lawyers are making their mark on the legal industry and developing systems and practices that will change the way law is practiced in the 21st century.

  • November 30, 2018

    Navajos Say They Deserve Place In Appeal Of ICWA Ruling

    The Navajo Nation on Thursday pressed a Texas federal judge to let the tribe join an appeal of his ruling that the Indian Child Welfare Act is unconstitutional, saying the judge has the discretion to let it intervene and that the tribe needs to protect its own laws.

  • November 30, 2018

    Calif. AG Stands Behind Migratory Bird Law Despite DOI Row

    California Attorney General Xavier Becerra and the California Department of Fish and Wildlife said Thursday they will continue to support the federal Migratory Bird Treaty Act and state protections even as the U.S. Department of the Interior loosens prohibitions on industrial activities that result in the killing of migratory birds.

  • November 30, 2018

    Gas Co. Asks 10th Circ. To Rethink Tribal Pipeline Ruling

    A gas pipeline company urged the full Tenth Circuit on Thursday to reconsider a circuit panel’s recent ruling that the company couldn’t condemn land in which the Kiowa Tribe has a small interest, saying the ruling and another Tenth Circuit decision could hamper gas pipeline development at a critical time.

  • November 30, 2018

    Mich. Nonprofits Say Tribe's Reservation Boundary Claims Fail

    Two Michigan nonprofit groups have backed a bid in federal court by several Michigan cities and counties to end a suit by the Little Traverse Bay Bands of Odawa Indians seeking recognition by the state of its reservation boundaries, arguing that the tribe is barred from any reservation claim.

  • November 29, 2018

    NW Tribal Leaders Oppose Trans Mountain Pipeline

    Indigenous tribal leaders on both sides of the U.S.-Canada border spoke out in opposition Wednesday against the Trans Mountain pipeline expansion, telling energy regulators the project would nearly triple the number of oil tankers moving through the Salish Sea and harm critical feeding grounds for orcas.

  • November 29, 2018

    Ariz. Justices Nix Hopi Tribe's Suit Over Artificial Snow

    A divided Arizona Supreme Court ruled Thursday that the Hopi Tribe can’t bring a public nuisance suit based on its religious objections to an Arizona ski resort’s use of artificial snow made from wastewater, overturning a lower court decision in favor of the tribe.

  • November 29, 2018

    Tribes See Progress On Crime, Okla. Land, Distillery Bills

    The Senate Committee on Indian Affairs passed bills Wednesday dealing with criminal jurisdiction, blood quantum requirements for Oklahoma tribal lands, and federal rights-of-way, a day after the full Senate approved legislation to resolve a separate jurisdictional issue over crime for an Iowa tribe and allow tribes to operate distilleries.

  • November 29, 2018

    'White Space' Revamp For Broadband Too Slow, Sens. Say

    Two Republican senators have teamed up to push the Federal Communications Commission to pick up the pace in finalizing proceedings that would allow for expanded use of "white spaces," or the spaces left between television stations on the spectrum, for broadband, which they say would allow for wider availability in rural and tribal areas.

  • November 29, 2018

    Chamber Backs Chevron At 9th Circ. In Climate Change Fight

    The U.S. Chamber of Commerce threw its support behind Chevron and other oil and gas companies in their appeals before the Ninth Circuit, challenging a decision to remand to state court public nuisance lawsuits lodged by five municipalities who claim the companies significantly contributed to climate change.

  • November 29, 2018

    JPML Wary Of Special Litigation For 'Opioid Babies'

    The Judicial Panel on Multidistrict Litigation appeared disinclined Thursday to create a new MDL for “opioid babies” whose mothers used prescription narcotics, sharply questioning whether such a move would actually expedite the infants’ suits.

  • November 28, 2018

    Chamber, Trade Groups Back FERC At DC Circ. Over Pipeline

    The U.S. Chamber of Commerce and oil and gas trade groups have urged the D.C. Circuit to rule that the Federal Energy Regulatory Commission properly approved the $3.5 billion Mountain Valley gas pipeline project, saying the agency wasn’t required to analyze downstream greenhouse gas emissions as part of its National Environmental Policy Act review.

  • November 28, 2018

    Calif. Tribe Tells 9th Circ. BLM Improperly Extended Leases

    A California tribe and others urged the Ninth Circuit on Tuesday to uphold a ruling that would require the Bureau of Land Management to conduct more review before extending geothermal leases on land important to the tribe, saying the agency’s interpretation of the Geothermal Steam Act would upset the law’s balancing of development with environmental protection.

  • November 28, 2018

    Under Siege, Indian Child Welfare Act Gets Lawmakers' Praise

    A group of U.S. legislators issued a bipartisan resolution Tuesday recognizing the 40th anniversary of the Indian Child Welfare Act as the law is on the ropes in two circuit courts over claims that it is unconstitutional.

Expert Analysis

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • 2 Possible High Court Approaches To Tribe Tax Dispute

    Catherine Munson

    Based on last week's oral arguments in Washington v. Cougar Den, it's likely that the outcome will turn on whether the U.S. Supreme Court considers Washington's fuel tax to be on the possession of fuel, or on the Yakama Nation's importation of fuel, say Catherine Munson and Rachel Saimons of Kilpatrick Townsend & Stockton LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • How SUPPORT Will Affect Pharma Interactions With DEA

    Jodi Avergun

    While the SUPPORT Act is largely directed at treatment and prevention, it contains several momentous provisions for companies that manufacture, distribute or dispense opioid medications. Interestingly, the act also imposes significant analytical and reporting hurdles on the U.S. Drug Enforcement Administration, says Jodi Avergun of Cadwalader Wickersham & Taft LLP.

  • Series

    Judging A Book: Brown Reviews 'Dangerous Leaders'

    Judge Nannette Jolivette Brown

    Anthony Thompson’s "Dangerous Leaders: How and Why Lawyers Must Be Taught to Lead" explores the conflict many lawyers face when charged with the responsibility of leadership. The book is an excellent read for all lawyers, says U.S. District Chief Judge Nannette Jolivette Brown of the Eastern District of Louisiana.

  • A First Look At The Sweeping New Opioid Law

    Kathleen McDermott

    The SUPPORT Act, signed into law this week, is Congress' long-anticipated response to the national opioid crisis. The act's wide-ranging provisions take aim at the entire health care continuum, reflecting the breadth of the crisis as well as the collective resolve of Congress to address the challenges, say attorneys at Morgan Lewis & Bockius LLP.

  • Breaking The Rules: 3 Ways To 'Lead' A Direct Examination

    Matthew Menchel

    Trial lawyers are frequently taught that they should appear invisible during direct examination — that their job is merely to prompt the witness to start speaking. But the most powerful direct examinations are the ones in which the examiner, not the witness, is controlling the pace, say attorneys with Kobre & Kim LLP.

  • Need Litigation Finance? Don't Skip These 5 Steps

    Molly Pease

    The process of applying for litigation financing isn’t difficult, but few do it right the first time. Following five steps in your application process will help make sure litigation funders are convinced of the value of your company's legal claims, says Molly Pease of Curiam Capital LLC.