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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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."
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.