The Tenth Circuit on Tuesday upheld a lower court decision to toss a suit by Kansas over a letter from the National Indian Gaming Commission’s general counsel saying that land held in trust for the Quapaw tribe of Oklahoma was gambling-eligible, ruling that the letter shouldn’t be reviewed by the courts under federal Indian gambling law.
Neal Katyal seemingly tried to educate Justice Samuel Alito about a well-known Latin phrase, Justice Sonia Sotomayor prayed aloud that she wouldn’t be assigned a mind-numbing opinion, and Justice Elena Kagan needled a lawyer who confused her with another justice. Here, Law360 wraps up the top moments of legal levity from the latest high court term.
Since the death of Justice Antonin Scalia last year, a new U.S. Supreme Court justice has emerged as the most talkative at oral arguments — and the titleholder should come as no surprise to court watchers.
The justices’ level of engagement at oral argument can provide a crucial window into their thinking on an issue, but interpreting what that might mean for how they’ll rule is an elusive art. Here, Law360 looks at the sessions in which each justice engaged the most.
California Gov. Jerry Brown urged the state’s top court Monday to reject the United Auburn Indian Community’s attempt to revive its lawsuit challenging his role in greenlighting another tribe’s competing off-reservation casino project, saying he had not exceeded his authority or violated the separation of powers between government branches.
In Neil Gorsuch, Clarence Thomas seems to have found a U.S. Supreme Court justice after his own heart. The court’s newest member and its most silent one cast identical votes in case after case this year, at times taking positions deemed more conservative than those of their fellow Republican appointees on the court.
“Concurring opinion” can feel like a misnomer when a justice departs from — or downright slams — the reasoning of the majority. Here are the opinions from the latest U.S. Supreme Court term in which the biggest divisions bore the label of agreement.
While there were fewer dissents coming from the U.S. Supreme Court during its October 2016 term than in years past, justices still managed to come up with creative disses and blistering attacks when they were on the losing side. Here, Law360 highlights the term’s top dissents.
The Ak-Chin Indian Community on Tuesday urged an Arizona federal judge to force an Arizona water conservation district it is suing to deliver the full amount of water ordered to be delivered to the tribe in 2018 by the federal government while its water rights dispute plays out in court.
The Ninth Circuit on Monday restored part of a lawsuit in which the family of a Crow Nation member who was shot and killed have accused the FBI of failing to provide Native Americans with adequate law enforcement services.
The U.S. House Committee on Natural Resources announced on Tuesday it has passed through a bill that would authorize a land-swap deal to allow the construction of a road between two remote Alaska communities, breathing new life into the proposed road that would traverse a wildlife refuge.
The U.S. Coast Guard on Monday urged a federal judge to toss a suit by two Washington tribes claiming that the service put endangered killer whales at risk by adopting a shipping traffic plan off the coast of the state, saying the suit comes too late and the tribes hadn’t shown any risk to the whales was likely enough to support their claims.
The oil industry urged a federal court Friday to reject environmental groups’ bid for a quick win in their challenge to the U.S. Bureau of Land Management’s approval of more than 350 permits to drill in New Mexico’s Mancos Shale formation.
Following their landmark victory at the U.S. Supreme Court, members of the Archer PC team that represented The Slants talked with Law360 — about the origins of their case, about the Washington Redskins and about what the decision means for their client.
Despite a contentious confirmation hearing for Justice Neil Gorsuch, the U.S. Supreme Court term itself was mellow this year, with more unanimous cases and fewer controversial decisions. Still, there were a handful of business rulings that packed a punch.
One firm went undefeated at the U.S. Supreme Court this term. Another built on last year’s winning streak. And some high court powerhouses took their lumps. Here, Law360 breaks down how the firms most frequently seen at oral arguments performed this term.
Intellectual property cases took four of the top 10 spots on Law360's ranking of the U.S. Supreme Court cases that attracted the most amicus briefs this term, as disputes involving issues like patent exhaustion and offensive trademarks each generated dozens of amicus filings.
The state of Wisconsin on Monday filed a counterclaim against the Stockbridge-Munsee Community in the tribe’s suit seeking to halt plans to expand a Ho-Chunk Nation casino, asking a federal judge to rule that the Stockbridge-Munsee tribe must make an upcoming revenue sharing payment to the state.
A Montana federal judge on Friday ruled that the Bureau of Indian Affairs has to reconsider two decisions to decline the Northern Arapaho tribe’s requests for federal contracts, but upheld several other similar decisions by the agency amid the tribe’s dispute with the Eastern Shoshone tribe over services on their shared reservation.
The Ninth Circuit stayed firm Friday on its decision to undo a district court’s conclusion that an easement for a road that cuts across the Gila River Indian Community’s reservation permitted a Chapter 11 trustee to develop a piece of land into a housing tract, a decision that ultimately tossed the dispute entirely.
The GOP majority is undoubtedly hoping the political storm surrounding FBI Director James Comey's dismissal does not derail its agenda for the 115th Congress, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.
Although the end often comes quickly, law firms do not fail overnight. Randy Evans of Dentons and Elizabeth Whitney of Swiss Re Corporate Solutions review five mistakes that expedite law firm failures.
President Donald Trump’s recent executive order to U.S. Department of the Interior Secretary Ryan Zinke has brought the Antiquities Act back to center stage. The order has several specific review standards, the most important being the size of a monument created by proclamation, says John Freemuth, professor of environmental policy at Boise State University.
After the most significant and dramatic week of the 115th Congress, having kept the government funded through the end of the fiscal year and passed its bill to repeal the Affordable Care Act, the House is on a scheduled district work period. The Senate is the only chamber in session this week, say Richard Hertling and Kaitlyn McClure of Covington & Burling LLP.
Whether the U.S. Supreme Court's decision in Lewis v. Clarke is wise from a practical standpoint depends on which side one takes in the larger debate regarding sovereign immunity. The unfairness of having tort victims go uncompensated may be eliminated, but the potential of liability may chill the performance of tribal employees with important duties, says Forrest Tahdooahnippah of Dorsey & Whitney LLP.
In addition to disputes with governmental entities, or over the use of sovereign land, renewable energy companies frequently face disputes involving purely private parties. The final part of this series summarizes three common examples of such litigation, including shareholder litigation, consumer disputes and nuisance lawsuits, say Justin Tschoepe and William Wood of Norton Rose Fulbright.
Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.
If energy tribes become greater players in resource extraction, it will only be a matter of time before environmentally oriented tribes begin to challenge them in court and in politics. If so, we will see a terrible battle over competing claims to tribal sovereignty as congressional rhetoric turns more to action, and tribal communities line up against each other, says Matthew Fletcher of Michigan State University College of Law.
In part 3 of this series, Justin Tschoepe and William Wood of Norton Rose Fulbright discuss disputes brought on behalf of the U.S. government under the federal False Claims Act and suits against foreign sovereigns related to the scaling back of state benefits for renewable energy companies.
A wide variety of disputes has arisen relating to state laws and local municipal ordinances as they apply to the building and operation of renewable energy projects and the provision of renewable energy. Part 2 of this series summarizes some of the most common types of disputes in the renewable energy industry involving these state and local issues, say Justin Tschoepe and William Wood of Norton Rose Fulbright.