Native American

  • August 15, 2017

    Slawson Exploration Gets OK To Drill During Tribal Row

    A federal judge gave Slawson Exploration Co. Inc. the green light Tuesday to continue drilling operations in North Dakota while the Interior Board of Land Appeals hears a challenge by the Mandan, Hidatsa & Arikara Nation.

  • August 15, 2017

    LDS Church Facing New Sex Abuse Suits Over Indian Program

    Two Navajo women and a Crow woman have brought sexual abuse complaints against the Church of Jesus Christ of Latter-day Saints, claiming the church failed to protect them when they were abused as children while taking part in a Mormon off-reservation home-placement program.

  • August 15, 2017

    Wash. Tribe Blasts BNSF's Rethink Bid In Oil-Shipping Row

    The Swinomish Indian Tribal Community urged a Washington federal judge Monday to deny BNSF Railway Co.’s request to clarify a June ruling in favor of the tribe in a dispute over whether the railroad shipped crude oil across reservation land in violation of an agreement.

  • August 15, 2017

    ND Floats Deal With Dakota Access In Cultural Site Dispute

    The North Dakota Public Service Commission offered Dakota Access LLC a deal Monday to resolve allegations that it failed to immediately notify the state regulator about the discovery of a cultural site during work on its controversial $3.8 billion, 1,172-mile crude oil pipeline.

  • August 15, 2017

    CFPB Says Tribal Online Lender Case Belongs In Illinois

    The Consumer Financial Protection Bureau urged an Illinois federal judge Monday not to transfer a suit claiming four Native American tribe-owned companies charged excessively high interest for online loans, saying there’s much more reason to keep the suit in Illinois than to move it to the companies’ preferred Kansas venue.

  • August 14, 2017

    Judge Won't Dismiss FCA Suit Against Alaska Native Co.

    An Alaska federal judge on Friday refused to toss a False Claims Act suit contending that an Alaska Native corporation took unfair advantage of a Small Business Administration contracting program for disadvantaged groups, saying the company’s alleged misrepresentations about its subsidiaries were material to the agency allowing them to take part in the program.

  • August 14, 2017

    Slawson Exploration Wants ND Drill Stay Lifted In Tribal Row

    Slawson Exploration Co. Inc. on Friday asked a North Dakota federal court to allow the company to continue drilling while a review of its permits by the Interior Board of Land Appeals is underway, saying the company will suffer significant losses if it’s forced to stop.

  • August 14, 2017

    Ex-Cop Says 10th Circ. Tribal Ruling Nixes Murder Charge

    A former police officer asked an Oklahoma state court Friday to throw out allegations he murdered his daughter’s boyfriend, citing a recent Tenth Circuit ruling to boost his argument that the court lacks jurisdiction because he is a Native American and the underlying incident took place on tribal land.

  • August 14, 2017

    Tribal Lenders Ask High Court To Weigh CFPB's Jurisdiction

    A pair of tribal lending companies have asked the U.S. Supreme Court to review the Ninth Circuit’s conclusion that they must comply with civil investigative demands by the Consumer Financial Protection Bureau.

  • August 14, 2017

    CVS, Walgreens Press Bid To Block Cherokee Opioid Suit

    CVS, Walgreens, McKesson and other companies on Friday bolstered their bid to block the Cherokee Nation’s tribal court lawsuit seeking to hold the pharmacy and drug distributor giants accountable for the opioid crisis plaguing its members, saying the alleged conduct “did not occur in Indian country.”

  • August 14, 2017

    Wash. Tribal Group Can Offer Gambling, 9th Circ. Told

    Frank's Landing Indian Community has urged the Ninth Circuit to overturn a Washington district judge’s ruling that the tribal group can’t conduct gambling, saying that it has the right to do so under the Indian Gaming Regulatory Act even though it’s not fully recognized by the federal government.

  • August 11, 2017

    Jason Galanis Gets 14 Years In $63M Tribal Bond Scheme

    A New York federal judge sentenced inveterate white collar fraudster Jason Galanis to 173 months in prison for masterminding a $63 million bond fraud against a Native American tribal entity, with all but 60 months of it to run concurrently with the stretch he earned for running the Gerova Financial Ltd. pump-and-dump scheme.

  • August 11, 2017

    Feds, TransCanada Push To Nix Suit Over Keystone Approval

    The federal government and TransCanada Corp. continued pressing Friday to toss the Indigenous Environmental Network and North Coast Rivers Alliance’s lawsuit seeking to invalidate approvals for the company’s Keystone XL pipeline.

  • August 11, 2017

    Tribal Water Ruling Hurts Landowners, Justices Told

    A California-based legal foundation urged the U.S. Supreme Court on Thursday to accept a petition by two water agencies challenging a Ninth Circuit ruling that the Agua Caliente Band of Cahuilla Indians’ federal water rights include groundwater, saying the decision could vaporize the groundwater rights of nonfederal water users.

  • August 11, 2017

    Tribes Drop 9th Circ. Challenge Of Alaskan Road Rejection

    The Ninth Circuit signed off Friday on a group of local Alaskan governments and tribes’ decision to drop claims challenging the U.S. Department of the Interior’s rejection of a land swap facilitating the construction of a road that would allow for easier medical evacuations to Anchorage from a remote Alaskan community.

  • August 11, 2017

    10th Circ. Ruling May Spur Okla. Tribes To Expand Authority

    A Tenth Circuit decision overturning a murder conviction because the alleged crime occurred on the Muscogee (Creek) Nation’s reservation strongly affirms that tribal lands cannot be reduced without clear congressional approval, opening the door for Oklahoma tribes to assert authority over land long thought to be under the state's control.

  • August 11, 2017

    BIA, FWS Improved Dam Hazard Readiness, Watchdog Says

    The Bureau of Indian Affairs and the U.S. Fish and Wildlife Service have successfully implemented a slew of recommended measures for boosting emergency preparedness at high-hazard dams, the U.S. Department of the Interior's Office of Inspector General said Thursday.

  • August 10, 2017

    Tribe Looks To Stall Casino Labor Fight During Appeal

    The Shingle Springs Band of Miwok Indians urged a California federal judge on Wednesday not to put into effect his decision to compel arbitration in a battle between the tribe's casino and a union, saying the tribe is likely to win its appeal to the Ninth Circuit.

  • August 10, 2017

    NRC Tells DC Circ. Tribe's Mine License Row Is Premature

    The U.S. Nuclear Regulatory Commission argued Thursday that the D.C. Circuit lacks jurisdiction to consider the Oglala Sioux Tribe’s challenge to a license issued to a company for a proposed uranium mine in South Dakota because the underlying administrative proceedings are ongoing and no final decision has yet been rendered.

  • August 10, 2017

    8th Circ. Nixes Tribal Appeals In Paradigm Pipeline Suit

    The Eighth Circuit on Thursday nixed a pair of appeals brought by Three Affiliated Tribes officials over Paradigm Energy Partners LLC’s lawsuit seeking to block them from interfering with the construction of a pair of pipelines underneath a lake on the tribe’s reservation in North Dakota, finding the challenges moot.

Expert Analysis

  • Indian Tribes And The CFPB Are Unnecessary Adversaries

    Saba Bazzazieh

    While the Consumer Financial Protection Bureau has disregarded sovereignty since its creation, the problem has recently reached an all-time high. The CFPB v. Golden Valley case is merely the latest in a series of actions that demonstrate the bureau's mistreatment of tribal governments, says Saba Bazzazieh of Rosette LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Trump Budget Proposal Leaves Tribes On Their Own

    Larry Roberts

    Despite acknowledging what's important to the health and welfare of tribal nations, President Donald Trump's proposed $303 million cut from tribal funding essentially tells tribes that treaty and trust responsibilities do not matter to him. Tribes will need to turn to the courts and Congress for justice, says Lawrence Roberts of Kilpatrick Townsend & Stockton LLP.

  • Tips For Complying With ABA’s New Encryption Guidance

    Nick Holda

    Last month, the American Bar Association published revised guidance regarding an attorney’s duty to protect sensitive client material in light of recent high-profile hacks. The first step in compliance is understanding how your data is being stored and accessed. There are three key questions you should ask your firm’s information technology staff and/or external solution vendors, says Nick Holda of PreVeil.

  • Weekly Column

    Innovating For Wise Juries: Preliminary Instructions

    Richard Lorren Jolly

    One of the easiest ways to improve civil jury trials is to give juries substantive instructions on the law at the beginning of the trial rather than at its conclusion. It is also one of the most popular proposals we are recommending, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Due Diligence From The Lateral Partner’s Perspective

    Howard Flack

    Lateral candidates looking to make the last — or perhaps only — move of their career cannot afford to just stand by and let a law firm’s vetting process unfold on its own, says Howard Flack, a partner at Volta Talent Strategies who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Lateral Partner Due Diligence: Where Should A Firm Begin?

    Howard Flack

    One frequently hears from leading malpractice insurers that one of the highest risk categories for law firms is that of lateral partners not sufficiently vetted during the recruitment process, says Howard Flack, a partner at Volta Talent Strategies Inc. who previously led lateral partner recruiting and integration at Hogan Lovells.

  • Weekly Column

    Innovating For Wise Juries: Setting Trial Time Limits

    Stephen Susman

    This is the second in a series of articles discussing ideas proposed by the NYU School of Law Civil Jury Project to resuscitate the American jury trial. In this article, Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman argue for setting early and strict time limits in civil jury trials.

  • Trump's Monuments Order Won't Benefit Tribal Economies

    Hillary Hoffmann

    President Donald Trump's executive order mandating the review of national monuments with the goal of opening public lands to mineral development could provide some economic benefits, but history has shown that most mineral development booms are followed by inevitable busts, says professor Hillary Hoffmann of Vermont Law School.