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Native American

  • September 25, 2018

    9th Circ. Upholds Arbitration In Calif. Tribe, Union Row

    The Ninth Circuit upheld a California federal court ruling that forces the Shingle Springs band of Miwok Indians into arbitration over the firing of two casino workers for their alleged labor union support.

  • September 25, 2018

    Mont. Judge Nixes FWS Decision To Delist Yellowstone Grizzly

    A Montana federal judge threw out the U.S. Fish and Wildlife Service’s decision to remove Endangered Species Act protections for the Yellowstone population of grizzly bear, saying the federal government didn’t sufficiently look at the consequences of the move on the bear’s overall population.

  • September 24, 2018

    Telecom Co. Says FCC Shorted It $6.1M For Undersea Cable

    A rural telephone company serving native Hawaiians urged a D.C. Circuit panel in oral arguments Monday to upend a Federal Communications Commission order the company says left it short-funded for an undersea cable by more than $6 million a year. 

  • September 24, 2018

    DC Judge Won't Move National Monument Challenge To Utah

    A D.C. federal judge on Monday denied President Donald Trump’s bid to transfer to Utah two consolidated suits challenging his decision to slash the size of the Bears Ears and Grand Staircase-Escalante national monuments, ordering that the government must give 48 hours’ notice before disturbing any ground.

  • September 24, 2018

    Enviros Ramp Up Legal Efforts In Fight Against Trump Agenda

    Environmental groups, buoyed by an increase in donations, new pro bono assistance and staff willing to put in long hours amid the Trump administration's rollbacks of environmental regulations, have leveraged those resources to score victories like information requests that contributed to the resignation of the U.S. Environmental Protection Agency administrator and blocking controversial rule delays.

  • September 24, 2018

    8th Circ. Says ND Can Require Residential Address For Voters

    A divided Eighth Circuit held Monday that North Dakota can enforce requirements that voters provide identification with a current residential address to establish their eligibility to vote in the upcoming general election, splitting with a lower court that enjoined parts of a state voter-identification law after finding it discriminatory against Native Americans.

  • September 24, 2018

    Tribe Slams Wash. For 'Christian Discovery' In Fuel Tax Row

    The Yakama Nation urged the U.S. Supreme Court on Monday to uphold a ruling that a tribal fuel distributor doesn't have to pay a Washington state tax, saying the state is "wielding the sword of the religious, racist, genocidal, fabricated doctrine of Christian discovery" to try to undermine the tribe's treaty rights.

  • September 24, 2018

    Allergan's Discovery Buck-Passing Rejected In Opioid MDL

    Allergan PLC can’t avoid coughing up documents about its sales of narcotic painkillers even though Teva Pharmaceutical Industries Ltd. recently acquired the painkillers’ rights and legal liabilities, according to a new ruling in multidistrict litigation over the opioid epidemic.

  • September 21, 2018

    Adoptive Parents, Native Am. Kids Tell 9th Circ. Suit Still Valid

    Four children and their adoptive parents urged the full Ninth Circuit to rethink tossing their proposed class action alleging that portions of the Indian Child Welfare Act are discriminatory and unconstitutional, saying the court departed from precedent by deeming the matter moot because the kids had been successfully adopted.

  • September 21, 2018

    Alaska Gov. Rips Kavanaugh On Health, Labor, Native Issues

    Alaska Gov. Bill Walker and Lt. Gov. Byron Mallott said they oppose D.C. Circuit Judge Brett Kavanaugh’s nomination to the U.S. Supreme Court based on his legal stances on Native American tribes, health care and labor, and called for a “thorough review of past allegations” against him before a potential Senate vote on his confirmation.

  • September 21, 2018

    Allergan, Tribe Sue Pharma Co. Over Restasis Patent

    Allergan PLC and the Saint Regis Mohawk Tribe slapped generic drug manufacturer Amneal Pharmaceuticals with a patent infringement suit over the dry-eye drug Restasis in Delaware federal court on Thursday, even as the fate of related patents for the drug hangs in the balance at the Federal Circuit.

  • September 21, 2018

    Landowner Seeks 10th Circ. Redo Of Okla. Drill Permit Suit

    An Oklahoma landowner has asked the Tenth Circuit to rehear his suit claiming the U.S. Bureau of Indian Affairs let an energy exploration company drill on his land without an environmental review, saying a circuit panel erred in finding that the statute of limitations barred him from filing suit.

  • September 21, 2018

    Potential Investors Abandon Talks To Buy Navajo Coal Plant

    Two companies that had been in talks with the Navajo Nation and the Hopi Tribe about taking over the ownership and operation of the coal-fired Navajo Generating Station have abandoned that effort, leaving the tribes still in search of a buyer before the plant’s scheduled shutdown next year.

  • September 20, 2018

    New MDL Needed For 'Opioid Babies,' Attys Say

    Attorneys for “opioid babies” whose mothers used prescription narcotics argued on Thursday for new multidistrict litigation focused on the infants, citing “grave concerns” that an existing MDL over the opioid crisis is woefully deficient.

  • September 20, 2018

    Tribal Lender Wants Va. Loan Claims Sent To Arbitration

    A lending company owned by the Otoe-Missouria Tribe of Indians has urged the Fourth Circuit to send claims in a proposed class action by Virginia borrowers to arbitration, saying the arbitration provisions in the borrowers’ loan agreements are enforceable and don’t illegally seek to block the application of federal law.

  • September 20, 2018

    Calif. Tribe Launches Environmental Review For New Casino

    The U.S. Bureau of Indian Affairs and the Tule River Indian Tribe are moving forward with plans to begin a preliminary environmental review process for a proposed 40-acre casino and tribe housing project in California, according to a notice filed Thursday.

  • September 20, 2018

    Mont., Wyo. Defend DOI Order Lifting Coal Leasing Ban

    Wyoming and Montana teamed up Wednesday in Montana federal court to oppose suits challenging an order from the secretary of the U.S. Department of the Interior lifting a moratorium on federal coal leasing, arguing the secretary is validly exercising administrative discretion to implement President Donald Trump’s policy goals.

  • September 20, 2018

    Creek Reservation Survived Okla. Statehood, Justices Told

    A Muscogee (Creek) Nation citizen has urged the U.S. Supreme Court to uphold a Tenth Circuit decision nixing his murder conviction in state court on the grounds that the killing took place within the tribe’s reservation boundaries, saying the reservation wasn’t eliminated even when Oklahoma became a state.

  • September 19, 2018

    Trump Methane Rollbacks Hand Regulatory Reins To States

    The rollback of Obama-era restrictions on venting and flaring from gas wells on federal and tribal lands is the latest sign the Trump administration intends to hand off the job of regulating methane emissions to states, some of which are expected to be lax while others may craft more stringent methane rules, experts say.

  • September 19, 2018

    Alaska Natives Back Feds In Row Over Hovercraft Ban

    Alaska Native tribes and groups have urged the U.S. Supreme Court haveto uphold the National Park Service’s right to apply its hovercraft ban on an Alaska river, saying that taking away the federal government’s power to regulate certain waters in the state could destroy Alaska Natives' traditional subsistence fishing.

Expert Analysis

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.

  • Opinion

    A Trump Supreme Court Nominee Can Be Defeated

    Nan Aron

    The Senate Republican leadership and the Trump administration are racing to fill Justice Anthony Kennedy’s spot on the U.S. Supreme Court. Does opposition to their plans have any chance of success? My answer is yes, because the stakes are so high, people are so engaged, and the records of those short-listed are so deeply troubling, says Nan Aron, president of Alliance for Justice.

  • Tax Decisions Bring Challenges And Opportunities To Tribes

    Rob Roy Smith

    In the wake of U.S. v. Jim in the Eleventh Circuit and South Dakota v. Wayfair in the U.S. Supreme Court, Native American tribes should takes steps to protect their rights under the general welfare exclusion and assert their sovereignty to impose new sales taxes, says Rob Roy Smith of Kilpatrick Townsend & Stockton LLP.

  • Is It Time For A Challenge To Chevron Deference?

    Joseph Diedrich

    In a recent concurring opinion, outgoing U.S. Supreme Court Justice Anthony Kennedy expressed some skepticism over the scope of the "Chevron deference" doctrine, which requires federal courts to defer to an administrative agency’s "reasonable" interpretation of an ambiguous statute. Overturning or limiting Chevron could have a profound effect on the power of federal agencies, says Joseph Diedrich of Husch Blackwell LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 3

    Stuart Pattison

    As clients increasingly look to limit their own liability exposure, they can reasonably expect that their retained counsel should do the same. In this context, a carefully crafted, thoughtfully presented engagement letter can help a law firm strike a successful balance between protecting itself and preserving a client relationship, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • New Stats On Millennial Attorney Disciplinary Actions

    Jean Edwards

    In this analysis of disciplinary action trends in the legal industry, Edwards Neils LLC managing member Jean Edwards examines data provided by bar organizations for 17 states and the District of Columbia.

  • Limiting Law Firms' Professional Liability Risks: Part 2

    Stuart Pattison

    With law firms increasingly exposed to professional liability risks associated with their corporate client relationships, firms must craft well-structured client engagement letters to help protect against malpractice claims. Two key elements of an engagement letter are how it defines the scope of engagement and how it handles conflicts of interest, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.

  • Series

    From Lawmaker To Lawyer: Prioritizing Is Always Key

    Joe Lieberman

    Today, members of Congress often seem able to blame colleagues of the other party for not getting anything done for their constituents. In law practice, you can’t really blame a bad result for your clients on the lawyers on the other side, says former Sen. Joe Lieberman, D-Conn., of Kasowitz Benson Torres LLP.

  • Limiting Law Firms' Professional Liability Risks: Part 1

    Stuart Pattison

    Corporate law departments are increasingly demanding more concessions from outside legal counsel, and presenting engagement letters that open the door to greater professional and cyber liability exposure for law firms — often beyond the scope of their insurance coverage. Firms must add their own language to engagement letters to limit liability, say Stuart Pattison and John Muller of Sompo International Holdings Ltd.