Native American

  • February 27, 2018

    Bill To Extend Tribe's Gambling Pact Hits Fla. House Floor

    A gambling bill that would approve a 20-year extension of Florida's exclusive compact with the Seminole Tribe of Florida advanced to the House floor Monday, but lawmakers have considerable work ahead, with a contrasting Senate proposal and Democrats' opposition to the bill's handling of billions in gambling revenue.

  • February 27, 2018

    High Court Ruling No Green Light For Suit-Killing Laws

    The U.S. Supreme Court backed Congress' power Tuesday to block a Michigan man's legal challenge to a tribal casino, but the decision showed how sharply divided the justices are over forcing federal courts to apply laws meant to shut down specific lawsuits, and it could signal a willingness to shoot down such a law under the right circumstances, attorneys say.

  • February 27, 2018

    3rd Circ. Says CashCall Can't Arbitrate Lending Suit

    A Third Circuit panel on Tuesday backed a lower court that shot down CashCall and another loan service’s bid to compel arbitration in a suit from a New Jersey man claiming he was charged an illegally high interest rate on his $5,000 loan.

  • February 27, 2018

    Texas Tribe Wins Pause Of E-Bingo Order Pending Appeal

    A federal magistrate judge on Monday granted the Alabama-Coushatta tribe’s request that the court hold off on enforcing an order likely barring the tribe from operating electronic bingo games while it appeals the decision.

  • February 27, 2018

    ND, Texas Ask To Move Forward With Methane Rule Challenge

    North Dakota and Texas sought Monday to unpause a Wyoming federal court challenge to an Obama-era rule limiting methane venting and flaring from natural gas wells on public and tribal lands, after another court put the previously delayed rule into effect.

  • February 27, 2018

    Justices Back Congress' Power To Block Lawsuits

    The U.S. Supreme Court on Tuesday upheld a D.C. Circuit decision backing the federal government's move to set aside a parcel of a Michigan tribe’s land for a casino, saying Congress didn’t violate federal courts’ powers by enacting a law that stymied legal challenges to the project.

  • February 26, 2018

    In Surprising Move, PTAB Tackles Tribal Immunity Head-On

    Deciding it could review the validity of patents covering Allergan PLC’s Restasis drug, the Patent Trial and Appeal Board tackled the issue of tribal sovereign immunity head-on, surprising legal experts who said there were easier ways the board could have resolved the dispute.

  • February 26, 2018

    Calif. Tribe Asks 9th Circ. To Revive Claims Against Bank

    The Paskenta Band of Nomlaki Indians has urged the Ninth Circuit to reverse a federal district court's decision to toss claims that Umpqua Bank aided former tribal leaders in carrying out a multimillion-dollar embezzlement scheme, saying the tribe was subjected to "an overly stringent, if not impossible, pleading burden."

  • February 26, 2018

    Wash. Urges Justices To Upend Tribal Salmon Culvert Ruling

    The state of Washington urged the U.S. Supreme Court on Saturday to overturn a Ninth Circuit ruling that it must replace hundreds of culverts to protect tribes’ salmon fishing, saying the decision creates an “extraordinarily broad new treaty right” and would require spending billions for culverts that may not help protect the salmon.

  • February 26, 2018

    House OKs Amber Alert Expansion For Tribal Lands

    The House of Representatives passed a bill Monday that would expand the Amber Alert program on tribal lands, a measure that would allow federal grants for the program to be used by tribes as well by the states.

  • February 26, 2018

    High Court Won't Hear Challenge To EPA Water Transfer Rule

    In a defeat for several states and environmental groups, the U.S. Supreme Court said Monday it won't hear appeals of a Second Circuit ruling that upheld a U.S. Environmental Protection Agency rule exempting some water transfers from Clean Water Act review.

  • February 23, 2018

    Tribe Not Immune From Restasis IP Challenges, PTAB Says

    The Patent Trial and Appeal Board ruled Friday that tribal sovereign immunity does not apply to inter partes reviews and dismissed a motion from the Saint Regis Mohawk Tribe to toss generics companies' challenges to patents for the dry-eye drug Restasis, which Allergan Inc. sold to the tribe last year.

  • February 23, 2018

    Cayuga Faction Can Step Into Rival Group's Suit Against BIA

    A D.C. federal judge on Friday allowed a Cayuga Nation faction to step into a suit brought by a rival group within the New York tribe, saying the intervenors had the right to help defend the Bureau of Indian Affairs’ recognition that they govern the tribe.

  • February 23, 2018

    Tribes Urge Justices To Undo Wyoming Reservation Ruling

    The Eastern Shoshone Tribe and the Northern Arapaho Tribe have each urged the U.S. Supreme Court to overturn a Tenth Circuit decision that shrank the size of their shared Wyoming reservation, saying the panel's holding that a 1905 law diminished the reservation created a circuit split and conflicted with high court precedent.

  • February 23, 2018

    Perry, Zinke Call For 'Responsible' Energy, Public Land Use

    A pair of Cabinet secretaries who set the nation's energy policy called for "responsible" increases in the use of public lands, as well as changes to the nation's energy policy, saying Friday that the previous administration had stifled innovation and community growth.

  • February 23, 2018

    NY Asks 2nd Circ. To Affirm $247M UPS Cigarette Penalty

    The city and state of New York asked the Second Circuit on Wednesday to affirm a $247 million penalty against United Parcel Service Inc. for helping to move untaxed cigarettes from tribal lands, saying UPS’ request to drastically reduce its penalty was based on meritless claims of immunity.

  • February 23, 2018

    9th Circ. OKs Toss Of Tribal Water Project Row

    The Ninth Circuit on Thursday affirmed a lower court’s dismissal of a suit brought by an organization representing Montana landowners that disputes the U.S. Bureau of Indian Affairs’ control of an irrigation project, agreeing that the court did not have jurisdiction over the matter.

  • February 23, 2018

    Judge Nixes BLM's Delay Of Obama Methane Flaring Rule

    A California federal judge on Thursday lifted the U.S. Bureau of Land Management’s block of an Obama-era rule limiting methane venting and flaring from natural gas wells on public and tribal lands, saying the agency’s rationale isn’t likely to pass muster.

  • February 22, 2018

    More Yellowstone Bison Illegally Freed, Park Service Says

    For the second time this year, dozens of bison were released from a holding area in Yellowstone National Park before officials could process them for slaughter or test them for disease, according to a statement from the park that characterized the incident as an act of "sabotage."

  • February 22, 2018

    Trump's Pick For Indian Health Service Head Withdraws Name

    The Trump administration’s selection to take over as director of the Indian Health Service has had his nomination withdrawn, a U.S. Department of Health and Human Services spokeswoman confirmed Thursday.

Expert Analysis

  • Series

    Judging A Book: Tymkovich Reviews 'Gorsuch'

    Timothy Tymkovich

    John Greenya’s new book, “Gorsuch: The Judge Who Speaks for Himself,” offers readers something the confirmation hearings did not — the backstory of Neil Gorsuch and a glimpse of who Justice Gorsuch is, says Chief Judge Timothy Tymkovich of the Tenth Circuit.

  • Roundup

    5 Most-Read Legal Industry Articles Of 2017

    2017 Trends

    What business of law topics piqued reader interest in 2017? Take a look back at the year's five most-read legal industry articles from Law360 guest authors.

  • Spoliation Scrutiny: Disparate Standards For Distinct Mediums

    Robin Shah

    Two years ago, Federal Rule of Civil Procedure 37(e) was amended to provide a clearer road map for courts analyzing whether to permit sanctions for the spoliation of evidence. Yet there is still no specific guidance for when a sanctions request relates to electronically stored and nonelectronically stored information, says Skadden associate Robin Shah.

  • Diagnosing Juror Bias Against Foreign Witnesses

    Christina Marinakis

    In an effort to study jurors' attitudes toward foreign witnesses, a representative sample of over 1,000 jury eligibles across the U.S. were surveyed over the course of several years. The results revealed two important findings, says Christina Marinakis, director of jury research at Litigation Insights.

  • Hearing The Need For More Women’s Voices In The Courtroom

    Carrie Cohen

    For many female attorneys, the results revealed in the New York State Bar Association’s recently adopted report on female litigators in the courtroom were not encouraging but not terribly surprising. Each stakeholder in the litigation process — judges, law firms and corporate clients — should contribute toward increasing female voices in the courtroom, says Carrie Cohen of Morrison & Foerster LLP.

  • Roundup

    My Strangest Day In Court


    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.

  • Why Information Governance Is More Important Than Ever

    Linda Sharp

    It used to be that hiring a good law firm was the single most important thing a company could do when facing litigation. You could now make the case that an organization’s most powerful asset in prosecuting or defending a claim is its information, says Linda Sharp, associate general counsel of ZL Technologies and chair of the ACC Information Governance Committee.