Native American

  • October 25, 2017

    Tribe Member Says 10th Circ. Needn't Rehear Murder Case

    A Muscogee Creek Nation member urged the Tenth Circuit on Tuesday not to rethink overturning his Oklahoma state murder conviction and death sentence, saying a circuit panel rightly ruled that the Creek reservation hadn’t been reduced or eliminated and that the location of his alleged crime was still subject to federal jurisdiction.

  • October 25, 2017

    Trump Launches Program For State, Local Gov't Drone Testing

    The White House launched a pilot program on Wednesday to expand the use of commercial drones by establishing new test sites across the country that federal, state, local and even tribal governments would jointly oversee.

  • October 25, 2017

    Ontario Gov’t Criticized Over Pollution In Indigenous Areas

    The environmental watchdog of Ontario, Canada, said in an extensive report released on Tuesday that the province’s government should be doing more to address serious pollution issues facing various indigenous people and communities.

  • October 24, 2017

    Alaska AG's Letter Brings Tribes, State Eye-To-Eye

    A recent legal opinion letter from Alaska’s attorney general marks a turning point for tribes in their relationship with the state by firmly recognizing the sovereignty of tribal governments in Alaska and backing a promise by Gov. Bill Walker to work more closely with tribes.

  • October 24, 2017

    House OKs Bill To Restrict Donations In DOJ Settlements

    The House of Representatives passed a bill Tuesday to restrict the use of “mandatory donations” in settlements from suits brought by the U.S. Justice Department and other federal agencies.

  • October 24, 2017

    Proposed Class Seeks Lender's Docs In 'Rent-A-Tribe' Suit

    A group of Virginia residents urged a federal judge on Monday to make an online lending company turn over various documents withheld under attorney-client privilege in their proposed class action alleging the company engaged in a "rent-a-tribe scheme."

  • October 24, 2017

    Smoke Shop Manager Cops To Tribal Theft, Embezzlement

    An Ardmore, Oklahoma, woman who was a manager of a Chickasaw Nation smoke shop has pled guilty to embezzling and stealing from an Indian tribal organization, federal prosecutors said in an announcement on Monday.

  • October 24, 2017

    Feds Urge 9th Circ. To Restore Seal Threatened Status

    The National Marine Fisheries Service has urged the Ninth Circuit to restore the Arctic ringed seal’s status as “threatened” under the Endangered Species Act, saying the appellate court should reject arguments from oil and gas industry groups.

  • October 23, 2017

    Allergan Patent Deal Is No Sham, Tribe Tells PTAB

    A Native American tribe that acquired patents for Allergan’s blockbuster eye drug Restasis is sharply criticizing generic-drug makers for questioning its sovereign immunity from Patent Trial and Appeal Board proceedings, saying the attacks lack “any coherent legal theory.”

  • October 23, 2017

    Whales Are Fish And Tribal Borders Need Fix, 9th Circ. Says

    The Ninth Circuit on Monday cited a "Seinfeld" episode in affirming a lower court’s finding that the U.S. awarded the Quileute Tribe and Quinault Indian Nation the right to hunt whales and seals when they granted both the “right of taking fish” in a treaty signed in 1855.

  • October 23, 2017

    Feds, Tribe Fight Calif. Agencies Over Water Quality, Quantity

    The federal government and the Agua Caliente Band of Cahuilla Indians swapped arguments Friday in federal court with two California water agencies over the amount and quality of groundwater the tribe is entitled to on its California reservation, as the agencies pursue U.S. Supreme Court petitions claiming the tribe doesn’t have a federal groundwater right at all.

  • October 23, 2017

    ATV 'Protest' Riders Lose Bid To Nix Convictions At 10th Circ.

    A Tenth Circuit panel on Monday backed the convictions of two men who were briefly put in jail in connection with an all-terrain vehicle "protest" ride through a southeastern Utah canyon that the U.S. Bureau of Land Management had temporarily closed off to such vehicles.

  • October 23, 2017

    Tribe Asks 10th Circ. To Revive Landowner's Drill Permit Suit

    The Pawnee Nation of Oklahoma has urged the Tenth Circuit to revive an Oklahoma landowner's suit claiming the Bureau of Indian Affairs granted an energy exploration company permission to drill on his land without first conducting a required environmental review.

  • October 20, 2017

    Opioid Litigation Roundup: An Overview Of Major Cases

    State attorneys general, a Native American tribe and individual consumers are among the chorus of plaintiffs who've brought lawsuits against drugmakers, pharmacies and distributors allegedly responsible for epidemic levels of opioid abuse. Here, Law360 gives an overview of major pending opioid cases and how far they've progressed.

  • October 20, 2017

    Enviros Fight To Maintain Challenge To LA Project Permit

    Two California environmental groups on Thursday pleaded with the Ninth Circuit not to end their litigation against the Army Corps of Engineers over its approval of a water permit for a massive mixed-use development in Los Angeles County, even though the Corps had settled with other groups.

  • October 20, 2017

    Sen. Bill Would Expand Tribal Court Power Over Sex Crimes

    A bill aimed at expanding justice for Native American victims of sex crimes committed by non-Indians was introduced in the U.S. Senate on Thursday.

  • October 20, 2017

    US Bank Tries To Duck $25M Liability For Sham Tribal Bonds

    US Bank NA asked a South Dakota federal court on Thursday to toss a lawsuit brought by several public employee retirement funds claiming they lost $25 million in a sham tribal bond offering, arguing that the parties’ contract forbids shifting the blame onto the bank.

  • October 20, 2017

    DC Circ. Won't Block $380 Million Payout From USDA Deal

    Judges from the D.C. Circuit on Thursday refused to put on hold a decision that would allow redistribution of $380 million left over from a landmark settlement of Native American farmers and ranchers’ racial discrimination claims.

  • October 19, 2017

    Tribe Slams Rival's Claim To Fishing Rights In 9th Circ.

    The Nisqually Indian Tribe told the Ninth Circuit Wednesday that a former Washington federal judge did not intend to include contested waters in part of the southern Puget Sound in another tribe’s ancestral fishing area in a long-running dispute over fishing rights in the region.

  • October 19, 2017

    NCAI, Canadian First Nations Group Want In On NAFTA

    The National Congress of American Indians said in a statement Wednesday that its membership “overwhelmingly” backed the group’s alliance with the Assembly of First Nations to establish a role for indigenous peoples in ongoing talks to overhaul the North American Free Trade Agreement.

Expert Analysis

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.

  • 4 Ways Law Firms Can Help Battle Addiction

    Link Christin

    With more than a third of lawyers showing signs of problem drinking, and untold others abusing prescription drugs and other substances, it is time for law firms to be more proactive in addressing this issue, says Link Christin, executive director of the Legal Professionals Program at Caron Treatment Centers.

  • Opinion

    Cobell Buy-Back Must Advance Indian Country Interests

    Keith Harper

    The Cobell buy-back program is the result of a settlement, and its implementation should be focused on how best to serve the plaintiff class and the communities from which they come. Because the Trump administration's July 28 announcement is a dramatic departure from this approach, it should be reconsidered, says Keith Harper of Kilpatrick Townsend & Stockton LLP.

  • A Law Firm Guide To Helping Victims Of Human Trafficking

    Sarah Dohoney Byrne

    Unlike victims of many crimes, human trafficking survivors often have complicated legal problems related to the experience of being trafficked — everything from criminal records to custody disputes to immigration obstacles. Many law firms already provide assistance in these areas and can easily transition resources and expertise, says Sarah Dohoney Byrne of Moore & Van Allen PLLC.

  • Can Trump's Infrastructure Order Speed Up Enviro Reviews?

    Felicia Barnes

    As President Donald Trump's recent executive order aimed at improving the environmental review and permitting process is implemented over the next few months, project sponsors will start to see how much it will improve the process. But there will likely be limits to how much relief the order can provide, says Felicia Barnes of Hunton & Williams LLP.

  • Diversity In The Legal Profession — A Stubborn Vision

    Robert Grey

    At the Leadership Council on Legal Diversity, we want to see, as founding member and Microsoft chief legal officer Brad Smith once stated, “a legal profession as diverse as the nation we serve.” We are not there yet — far from it — but we are beginning to put some numbers on the board, says Robert Grey, president of the Leadership Council on Legal Diversity.

  • Opinion

    New Salary History Laws Crimp Attorney Hiring Process

    Fredric Newman

    In prohibiting employers from asking potential hires about their previous salaries, lawmakers seek to "level the playing field." But there are real problems with the practicality, legality and enforceability of many of the salary history laws, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • CERCLA’s Jurisdictional Bar To Medical Monitoring Claims

    Thomas Manakides

    Medical monitoring claims against the U.S. Navy have recently foundered on the shoals of the Comprehensive Environmental Response, Compensation, and Liability Act’s jurisdictional rules. If affirmed, Giovanni v. U.S. Department of the Navy, a case currently pending appeal to the Third Circuit, will set the Third Circuit on course to split with the Ninth Circuit, say Thomas Manakides and Alexander Swanson of Gibson Dunn & Crutcher LLP.

  • 5 Tips For A Successful Legal Blog

    David Coale

    David Coale, leader of the appellate practice at Lynn Pinker Cox & Hurst LLP, shares his insights into what works — and what does not — when setting up and maintaining a legal blog.

  • Opioid Litigation: What’s On The Horizon

    David Schwartz

    As prescriptions for pain-suppressing opioids have soared, some have speculated that litigation will follow. Such litigation could take various forms, including personal injury lawsuits making design defect and/or failure-to-warn claims, consumer fraud actions, and more. Manufacturers and retailers should take steps now to protect themselves, say authors from Innovative Science Solutions and Locke Lord LLP.