Native American

  • September 6, 2017

    House Dems Slam Energy Industry Influence On DOI Panel

    Two Democratic lawmakers criticized U.S. Department of the Interior Secretary Ryan Zinke on Wednesday for naming a “partisan, industry-dominated” roster of members to a departmental committee that will advise him about energy development on federal lands, and called for the companies represented on the committee to disclose information about potential conflicts of interest.

  • September 6, 2017

    South Dakota Tribe Fears Losing $5M With New Gambling Rule

    The Flandreau Santee Sioux Tribe in South Dakota said Wednesday that it will oppose the state Commission on Gaming's proposed rule that could allow the tribe’s former pari-mutuel betting business to escape payment of a $5 million fine that the Eighth Circuit has upheld.

  • September 6, 2017

    BIA OKs Tribes' Business Leasing Regulations

    The Bureau of Indian Affairs has signed off on regulations for two Native American tribes that will allow them to bypass BIA approval of land-lease deals for businesses, according to a notice in the Federal Register on Wednesday.

  • September 6, 2017

    Gov. Brown, Fort Yuma Tribe Sign Gambling Compact

    The Fort Yuma Quechan Indian tribe on Tuesday announced that California Democratic Gov. Jerry Brown had signed a new tribal-state gambling compact, which provides more favorable financial terms for the tribe by reducing its obligations to the state and establishing an option for it to expand gambling.

  • September 6, 2017

    Feds, SD Ask For Quick Wins In Native American Bias Suit

    The South Dakota Department of Social Services and the federal government each asked a federal judge on Tuesday for quick wins in the United States’ suit alleging intentional bias against Native American job applicants, with the DSS saying the federal government can't show the department operates under a general policy of bias.

  • September 5, 2017

    Calif. Legislature Gives Nod To Tribal Casino Compact

    The California Legislature passed a bill on Friday ratifying a tribal gaming compact between the state and a Sacramento-area tribe, fulfilling a major requirement in the group's effort to build a casino on an approximately 36-acre parcel of land in the City of Elk Grove.

  • September 5, 2017

    California Tribe Pushes For End To Disenrollment Suit

    The Elem Indian Colony of Pomo Indians of the Sulphur Bank Rancheria on Monday pressed a California federal judge to toss a suit by tribe members over their alleged disenrollment, saying that the tribe isn’t trying to cut the members from its rolls and there is no immediate danger of them being evicted from tribal lands.

  • September 5, 2017

    Fla. Justices Won't Rethink Slot Machine Permit Denial

    The Florida Supreme Court has declined to reconsider its denial of a slot machine permit for a Native American-operated racetrack, refusing to wade back into a debate over counties’ power to hold referendums on expanding gambling in the Sunshine State.

  • September 5, 2017

    Feds Say Tribe, Enviros Can't Add To Logging Project Suit

    The U.S. Forest Service urged a California federal judge on Friday to reject a bid by the Karuk Tribe and several environmental groups to add a National Environmental Policy Act claim to their suit challenging a logging project, saying that the plaintiffs' claims that there won't be enough funding for environmental remediation aren't new and will delay resolution of the case.

  • September 5, 2017

    $43M Peabody Pollution Cleanup Deal With US Gets Court OK

    A Missouri bankruptcy judge on Tuesday approved a $43 million settlement between coal producer Peabody Energy Corp. and the U.S. government over environmental liabilities incurred by a Peabody subsidiary at 13 Superfund sites contaminated by heavy metal mining and production.

  • September 5, 2017

    DOI Secretary Zinke Names Members To Mineral Royalty Panel

    U.S. Department of the Interior Secretary Ryan Zinke has named representatives from states, tribes, the energy industry and academia to a departmental committee that will advise the secretary about energy development on federal lands and potential changes to regulations, according to a department statement Friday.

  • September 1, 2017

    $2B Trial Puts Tribal Payday Lending In Spotlight

    Race car driver Scott Tucker and lawyer Timothy Muir are slated to stand trial soon on charges they ran an illegal $2 billion payday loan operation that they tried to hide behind the sovereign immunity of three Native American tribes, proceedings that are expected to intensify scrutiny of how tribes participate in the business of high-interest online lending.

  • September 1, 2017

    Okla. Tribal Hospital Hit With Birth Injury Suit

    A tribal hospital was hit Friday in Oklahoma federal court with a medical malpractice suit claiming that negligent care by doctors at the facility caused a previously healthy fetus to be born with injuries.

  • September 1, 2017

    Wyo. Farm Bureau Asks 10th Circ. To Reject Reservation Redo

    The Wyoming Farm Bureau Federation pressed the Tenth Circuit on Thursday to reject bids by two tribes for full circuit reconsideration of a ruling that the boundaries of their shared Wyoming reservation had been reduced in size, saying a circuit panel majority properly applied a test for determining diminishment.

  • September 1, 2017

    Court Rebuffs Native Group’s Bid For Federal Recognition

    A D.C. federal judge on Friday released the federal government from a suit filed by the descendants of a Native American group who asserted the tribe should be legally recognized under the Indian Reorganization Act, saying the group hasn't exhausted its administrative remedies.

  • September 1, 2017

    NC Casino Operator Hit With Unpaid Wages Suit

    The operator of a pair of North Carolina tribal casinos was hit with a proposed class and collective action in federal court Thursday accusing it of failing to pay its gaming floor employees for all hours they work.

  • August 31, 2017

    Dem AGs Blast Pruitt's Guidance Over CPP Stay

    A largely Democratic group of attorneys general and chief legal officers from 20 states and municipalities on Thursday slammed the head of the U.S. Environmental Protection Agency for issuing “premature and legally incorrect” guidance to states regarding the controversial Clean Power Plan.

  • August 31, 2017

    Calif. Judge Nixes Suit Over Remains At Tribal Casino Site

    A California federal judge on Wednesday dismissed a suit against the federal government and others by former Jamul Indian Village leaders over the alleged disinterment of their deceased relatives' remains during the construction of the tribe's San Diego-area casino, saying the tribe is a necessary party but can’t be joined to the case because of its sovereign immunity.

  • August 31, 2017

    Comanches Seek Block On Chickasaw Casino During Suit

    The Comanche Nation of Oklahoma urged a federal judge Wednesday to bar any government approvals for a Chickasaw Nation casino project while the Comanche tribe’s suit challenging a land acquisition for the project plays out.

  • August 31, 2017

    Fed. Agency Illegally Blocked Mineral Royalty Rule: Judge

    A California federal judge said Wednesday that the Trump administration had no authority to postpone the requirements of an Obama-era coal and mineral royalty rule after the measure had already gone into effect.

Expert Analysis

  • How To Prioritize Your Law Firm's Crisis Response Plan

    Michelle Samuels

    If the media is going to cover your law firm’s crisis, they are going to cover it with or without your firm’s input. But your involvement can help shape the story and improve your firm’s image in the public eye, says Michelle Samuels, vice president of public relations at Jaffe.

  • Weekly Column

    Innovating For Wise Juries: Closing Argument

    Stephen Susman

    In the final article in this series on proposed innovations to the American jury trial, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project sum up the improvements they believe the U.S. jury system desperately needs.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • Cybersecurity Risks In The Courtroom

    Daniel Garrie

    As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • Why Tribal Land Acquisition Developments Are Troubling

    Joshua Peterson

    Though the current administration's stance on Carcieri-fix bills remains unclear, it is unlikely that legislators will pass a fix to the conundrum created by the U.S. Supreme Court's decision in Carcieri. More probably, tribes will have to play by the administration's rules and hope they reflect the country's trust responsibility to Native American tribes, says Joshua Peterson of Faegre Baker Daniels LLP.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • Water Suppliers Litigation Is Making Waves In 2017

    Kelly McTigue

    So far, 2017 has seen some important movement in litigation involving water suppliers across the country. States including California, Georgia and Iowa are seeing pivotal moments in many long-running disputes about water-usage rights and water quality, say attorneys with O'Melveny & Myers LLP.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • DOI Actions Underscore Need For Tribal Consultation

    Larry Roberts

    At a recent House hearing and in a subsequent notice, the U.S. Department of the Interior made clear that it is considering an agenda that would limit the restoration of tribal homelands to the detriment of future generations. Formal consultation with tribes is needed before the department makes any potential changes, says Larry Roberts of Kilpatrick Townsend & Stockton LLP.