Native American

  • March 1, 2018

    Nat’l Monument Cut Benefited Utah Lawmaker, Watchdog Told

    A conservation group said Thursday it is asking the U.S. Department of the Interior’s inspector general to conduct a formal investigation into the modified boundaries of the Grand Staircase-Escalante National Monument, claiming a Utah state legislator is personally profiting from the changes.

  • March 1, 2018

    Navajo Lose Quick Bid To Halt Head Start Funding Cuts

    A D.C. federal judge on Wednesday refused a request from the Navajo Nation to immediately halt a $7.3 million reduction in the government’s funding for the tribe’s early childhood education programs, saying that sagging enrollment numbers and existing funds made a quick change unnecessary.

  • February 28, 2018

    Justices Urged To Revisit $380M Split In Native Farmer Deal

    A member of a class of Native American farmers and ranchers that reached a $680 million settlement over discrimination claims against the U.S. Department of Agriculture pressed the U.S. Supreme Court on Tuesday to hear his challenge to a plan to divide unclaimed money, saying those funds must go to those who’ve made successful claims.

  • February 28, 2018

    Water Transfer Rule's Survival A Boon To Western States

    Western U.S. states and municipal agencies that rely on the ability to move large amounts of water from one place to another for human consumption and agricultural uses rejoiced when the U.S. Supreme Court this week turned away a challenge to a U.S. Environmental Protection Agency rule that says such transfers don't require a federal permit, but environmental groups that said the rule turned a blind eye to pollution concerns may not be done battling.

  • February 28, 2018

    Cherokee Slam Bid To Take Opioid Suit To Federal Court

    The Cherokee Nation on Wednesday assailed McKesson Corp.'s effort to transfer from Oklahoma state court to federal court the tribe’s suit against the company and other major retail pharmacies and drug distributors for their alleged role in an explosion of opioid abuse among tribe members, saying McKesson wants to delay facing the tribe’s claims.

  • February 28, 2018

    Harrah's Exec Says Tribal Immunity Protects Him From Suit

    An executive at the casino company Harrah’s told a North Carolina federal court on Tuesday that it should throw out a proposed class action by an ex-employee who alleged staffers weren’t paid for all the time they worked, arguing that tribal sovereign immunity extended to his conduct.

  • February 28, 2018

    Wells Fargo Tries To Nix Navajo Nation's Fake Account Suit

    Wells Fargo has urged a New Mexico federal court to toss “duplicative claims” from the Navajo Nation alleging the bank opened fraudulent accounts, targeted the most vulnerable tribal members and sought to block litigation by lying to the Navajo government after the false account scandal came to light. 

  • 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.

Expert Analysis

  • 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.

  • Opinion

    BigLaw Is Behind The Automation Curve

    Michael Moradzadeh

    In its new report on the effects of automation in the workplace, McKinsey Global Institute identifies lawyers as less susceptible to the sort of automation that could put one-third of American workers out of a career by 2030. This may seem reassuring, but it doesn't mean automation won't disrupt our bottom line, says Michael Moradzadeh of Rimon PC.

  • 10 Things To Know About Native American Policy: Part 2

    Donald Pongrace

    Significant Native American policy developments to pay attention to in the coming months include the future of tribal coal and the next wave of politicians that will leave office in the near future, as well as how their replacements will address Indian Country issues, say attorneys with Akin Gump Strauss Hauer & Feld LLP in the final part of this article.

  • Series

    Judging A Book: Cooke Reviews 'Constance Baker Motley'

    Judge Marcia Cooke

    Gary Ford's new book, "Constance Baker Motley: One Woman’s Fight for Civil Rights and Equal Justice Under Law," is more than a biography of the first African-American woman to become a federal judge. It presents in vivid detail how her work altered the legal landscape of the United States, says U.S. District Judge Marcia Cooke of the Southern District of Florida.

  • Keeping Your Law Library Relevant In The Age Of Google

    Donna Terjesen

    Google’s status as a go-to research tool has transformed legal research habits, leading critics to view law libraries as cost centers. Law firms should embrace Google-style research tools and manage costs efficiently in order to position their libraries as valuable assets for years to come, says Donna Terjesen of HBR Consulting.