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Native American

  • November 27, 2018

    7th Circ. Upholds Dismissal Of Ex-Tribal Agency Worker's Suit

    The Seventh Circuit upheld on Monday a lower court's dismissal of a former Oneida Nation of Wisconsin housing authority employee's suit alleging she was fired for reporting funding misuse because the suit names various employees of the agency instead of the agency itself.

  • November 27, 2018

    Gov't Must Pay $15M In IHS Baby Brain Injury Suit

    An Oklahoma federal judge on Monday awarded $15 million to the parents of an infant who suffered a severe brain injury during an alleged botched delivery at a Chickasaw Nation hospital under the purview of the Indian Health Service.

  • November 27, 2018

    Justices Weigh Boundaries Of Oklahoma Reservation

    A lawyer for the state of Oklahoma told the U.S. Supreme Court justices on Tuesday that if a Native American man has his murder conviction in state court vacated due to a ruling that the crime took place on a reservation, it could affect jurisdiction in a wide swath of the state.

  • November 27, 2018

    Tribe, Feds Ask Supreme Court To Preserve Casino Proposal

    A California tribe and the Department of the Interior have pushed back against a bid before the U.S. Supreme Court by a watchdog group seeking to overturn the dismissal of its challenge to a proposed casino, saying the project is authorized by the Indian Gaming Regulatory Act and the Indian Reorganization Act.

  • November 27, 2018

    Wis. Resolves Tribal Dispute Ahead Of Gov.'s Departure

    Outgoing Wisconsin Republican Gov. Scott Walker's administration on Tuesday said it has ended a long-running Forest County Potawatomi Community dispute by agreeing to refund the tribe $250 million if a rival tribe opens a casino near the Potawatomi's existing facility in Milwaukee, according to a news report.

  • November 26, 2018

    Tribe Members Stand Behind Stay Bid In Casino Dispute

    Members of the Pinoleville Pomo Nation have doubled down on efforts to pause California federal court proceedings while appealing a determination that they aren’t immune from claims that they duped a company into investing $5.38 million in a sham casino project, saying it’s the most efficient approach.

  • November 26, 2018

    Climate Change Worsening, Tribes At Higher Risk: Report

    Climate change is mostly driven by greenhouse gas emissions and other human activities and will continue to get worse, with Native American tribes and other indigenous groups especially vulnerable to damage, according to the National Climate Assessment released by the Trump administration.

  • November 26, 2018

    Ex-Tribal Telecom Prez Says He Was Fired For Not Lying

    The former president of two Native American telecommunication companies was fired after refusing orders to lie under oath in a suit brought by Sprint accusing them of unlawfully charging for conference call traffic, according to a suit filed Friday in South Dakota federal court.

  • November 26, 2018

    9th Circ. Says It Can't Review Tribal Civil Rights Dispute

    The Ninth Circuit has upheld a lower court decision to toss a habeas corpus petition filed by seven members of the Bishop Paiute Indian Tribe under the Indian Civil Rights Act, saying the court doesn't have jurisdiction over an eviction and trespass dispute connected with a tribal casino project.

  • November 26, 2018

    Climate Torts Are No State Court Matter, 9th Circ. Hears

    Dozens of fossil fuel companies have told the Ninth Circuit that federal court is the proper setting for suits lodged by California cities and counties seeking to hold them liable for climate change-related infrastructure damage, arguing that a California federal judge wrongly remanded the cases to state court.

  • November 21, 2018

    Law360 MVP Awards Go To Top Attorneys From 71 Firms

    The elite slate of attorneys chosen as Law360’s 2018 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • November 21, 2018

    States Back Wyo. At High Court Against Tribal Hunting Right

    Six states have urged the U.S. Supreme Court not to toss a Crow tribe member’s conviction for elk hunting in Wyoming's Bighorn National Forest, saying a circuit court has already ruled the tribe’s treaty hunting right has ended and revisiting the issue would invite litigation losers to try to revive their claims.

  • November 21, 2018

    Drug Cos. Can't Block Damages In Opioid MDL Bellwethers

    A federal judge has shot down a bid from drug companies that sought to block local Ohio governments with bellwether cases in multidistrict litigation over the opioid crisis from being able to recover damages at trial.

  • November 21, 2018

    Maine High Court Won't Answer Tribal Casino Question

    Maine’s highest court has declined to address a question from the state House of Representatives regarding whether a 1987 U.S. Supreme Court decision allows a tribe to conduct gambling without state approval, concluding that the inquiry was not “of a serious and immediate nature” since the lawmakers ignored the justices’ request for briefing.

  • November 21, 2018

    FERC Wants DC Circ. To Toss Pipeline Challenge

    The Federal Energy Regulatory Commission told the D.C. Circuit that the commission's approval of the $3.5 billion Mountain Valley gas pipeline project followed the proper processes, urging the appeals court to deny a petition for review from environmental groups and tribal officials concerned about the impact of the project.

  • November 21, 2018

    Up Next At High Court: Apple's App Store, Civil Forfeiture

    The U.S. Supreme Court will return from the Thanksgiving holiday weekend Monday with a high-profile antitrust case involving Apple Inc.'s app store practices, followed by several more that present interesting questions such as whether the Eighth Amendment's clause barring excessive fines applies to the states. Here, Law360 highlights four cases that readers should know about.

  • November 21, 2018

    DOI Wants Migratory Bird Policy Reversal Suit Tossed

    The U.S. Department of the Interior said a New York federal court should throw out challenges to its opinion loosening enforcement on the incidental killing of migratory birds, saying that the coalition of conservation groups and states can't show they have been injured.

  • November 20, 2018

    Va. Consumers Push For Class Cert. In Tribe-Linked Loan Suit

    A proposed class of consumers accusing an online lender tied to a Michigan tribe of issuing loans with unreasonably high interest rates pressed a Virginia federal court Monday to certify classes against a single defendant in the suit, saying he continued to profit from the loans even though his role in the alleged scheme may have changed.

  • November 20, 2018

    Ex-Google Exec, Tribal Co. Win Stay In Payday Loan Suit

    A Washington federal judge has paused a proposed class action claiming a former Google executive's financial technology company and a tribal corporation ran a payday lending business with exorbitant rates, saying the businesses have a strong likelihood of winning their appeal of his earlier decision to deny arbitration.

  • November 20, 2018

    Tribes Ask 5th Circ. For Halt In Indian Child Welfare Case

    Four Native American tribes urged the Fifth Circuit to put the brakes on a lower court ruling that the Indian Child Welfare Act is unconstitutional, saying a stay is needed to protect children from potential abuse in Texas’ foster care system.

Expert Analysis

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Opinion

    First Nation Custody Disputes Should Be Resolved By Tribes

    Grant Christensen

    In Beaver v. Hill, Canada's Superior Court has ordered the proceedings to be heard entirely by Ontario courts under Ontario law. The United States Supreme Court recognized the importance of indigenous autonomy over family law matters more than four decades ago, and Canadian courts need to follow suit, says Grant Christensen of the University of North Dakota.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Circuits Are Split On CWA's 'Water To Water' Regulation

    Kimberly Bick

    Following the Fourth Circuit's decision in Sierra Club v. Virginia Electric & Power Co., the Clean Water Act’s jurisdiction over “water to water” pollutant conveyance is ripe for review by the U.S. Supreme Court, say Kimberly Bick and Matthew Trotter of Bick Law LLP.

  • 5 More GC Tips For Succeeding As A New Associate

    Jason Idilbi

    Jason Idilbi, former BigLaw associate and general counsel of the tech startup Passport Labs Inc., returns to Law360 to share recent thoughts on best practices for newer associates — whether they are serving external clients or senior attorneys within their firms.

  • Series

    Judging A Book: Block Reviews 'Tough Cases'

    Judge Frederic Block

    In a new, extraordinary book, "Tough Cases: Judges Tell the Stories of Some of the Hardest Decisions They’ve Ever Made," 13 of my judicial brethren have courageously and dramatically humanized the judicial process, says U.S. District Judge Frederic Block of the Eastern District of New York.