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Native American

  • October 25, 2018

    Slave Descendants Say DOI Can't Dodge Discrimination Suit

    Descendants of slaves once held by the Muscogee (Creek) Nation have urged a D.C. federal court to reject the U.S. Department of the Interior's bid to throw out their discrimination suit, saying the statute of limitations had not run out on their claims.

  • October 25, 2018

    Tribe Says Mich. Counties, Cities Can't Exit Boundary Suit

    The Little Traverse Bay Bands of Odawa Indians has urged a Michigan federal court to deny a bid from a group of Michigan cities and counties to end its suit seeking recognition of its boundaries, saying the intervenor defendants are wrong to argue the tribe is barred from bringing its claims.

  • October 24, 2018

    Trump Signs Vast Opioid Legislation Into Law

    President Donald Trump on Wednesday signed into law far-reaching legislation to ease the opioid crisis, marking one of his administration’s most significant bipartisan achievements.

  • October 24, 2018

    Va. Class Action Over Online Loans Won't Fly, Court Told

    A defendant in a suit brought by consumers over an alleged scheme to charge illegally high interest rates through companies affiliated with a Michigan tribe urged a Virginia federal court Tuesday to deny the consumers' bid to certify classes, saying that conducting the suit as a class action would be “unmanageable."

  • October 24, 2018

    Offshore Oil And Gas Drilling In Alaska Gets OK From DOI

    U.S. Secretary of the Interior Ryan Zinke said Wednesday that oil and gas drilling in the federal waters off Alaska can move forward following conditional approval by the department’s Bureau of Ocean Energy Management to Hilcorp Alaska LLC for its Liberty Project development and production plan.

  • October 24, 2018

    SBA Taps Okla. Tribe Member To Lead Native American Office

    The U.S. Small Business Administration said Tuesday it has appointed an Oklahoma tribe member as its new assistant administrator for its Office of Native American Affairs.

  • October 24, 2018

    Gas Co. Scores Quick Win In Tribal Land Pipeline Row

    A Nebraska federal judge has handed a win to Northern Natural Gas Co. after previously holding that the company had the right to condemn land for three pipelines that run through the Omaha Tribe of Nebraska’s reservation, saying there’s no dispute regarding the value of individually owned interests in the land.

  • October 24, 2018

    9th Circ. Nominee Pushes Back On Tribal Record Criticisms

    Perkins Coie LLP’s Eric Miller on Wednesday pushed back against criticisms of his record on tribal sovereignty issues during a brief but controversial Senate Judiciary Committee hearing on his nomination to the Ninth Circuit, with no Democrats in attendance.

  • October 23, 2018

    DC Circ. Tosses Hawaii Co.'s Cable Suit Against FCC

    The D.C. Circuit in a per curiam judgment Tuesday rejected a bid by a rural telephone company serving native Hawaiians to upend a Federal Communications Commission order the company said left it short-funded for an undersea cable, saying the company did not show how the order was “arbitrary and capricious.”

  • October 23, 2018

    State Judge, Ex-Employee Say Ute Tribe Can't DQ Fed. Judge

    The Ute Indian Tribe’s bid to get the Tenth Circuit to disqualify a Utah federal judge was met with opposition from a state judge and a former tribal employee involved in an underlying contract dispute, both of whom said the jurist had been improperly accused of racism.

  • October 23, 2018

    Enviro Group Blasts Trump's Pick For FWS Director

    An environmental group focused on endangered species issues on Tuesday slammed President Donald Trump's intended pick to lead the U.S. Fish and Wildlife Service, saying she favored policies adverse to wildlife preservation.

  • October 23, 2018

    Proposed Tribal Culture Bill Aims To Stop Artifact Trafficking

    A bill designed to stop the international trafficking of federally protected tribal cultural heritage artifacts has landed in the U.S. House following the release of a Government Accountability Office report on overseas auction sales of Native American cultural items, particularly from the Southwestern states.

  • October 23, 2018

    Utes Say Group Of Members Don't Belong In Monument Suit

    The Ute Indian Tribe has told a D.C. federal judge that a group claiming to represent tribal members is actually a group of disgruntled members who don't hold leadership positions, urging the court to exclude them from a suit challenging President Donald Trump's decisions to shrink the Bears Ears and Grand Staircase-Escalante national monuments.

  • October 22, 2018

    9th Circ. Stands Firm On $64M Tax Rulings Against Tribal Co.

    The Ninth Circuit on Monday declined to rethink two rulings that found a Native American tobacco company liable for some $58 million in excise taxes and $6 million in fees.

  • October 22, 2018

    Fed. Circ. Rejects Bid For PTAB Tribal Immunity Rehearing

    The full Federal Circuit on Monday said it won't reconsider a panel’s ruling that tribes can face Patent Trial and Appeal Board scrutiny, likely paving the way for one of the court’s closest-watched cases to head to the U.S. Supreme Court.

  • October 22, 2018

    Tribe Accuses Mich. Of Using 'Rules Of Their Own Invention'

    An American Indian community and Michigan officials have filed competing motions in federal court seeking quick wins in a suit over the state's tax authority, with the community saying Michigan was applying “legally incorrect rules of their own invention” and the officials saying the community relied on inapplicable law.

  • October 22, 2018

    Gov'ts Must Link Patient Data To Prescriptions In Opioid MDL

    A special master on Sunday said that local governments suing drugmakers over the opioid crisis in multidistrict litigation should provide opioid manufacturers with patient data for opioid prescriptions, along with other information, so that the companies can match the information in other databases.

  • October 22, 2018

    Okla. Tells Justices Congress 'Destroyed' Tribal Authority

    Oklahoma has pressed the U.S. Supreme Court to rule that the Muscogee (Creek) Nation's reservation no longer exists in a case involving the state court murder conviction of a Creek citizen, saying Congress intended to "dismantle" the Creek and other Oklahoma tribes and "destroyed" their land ownership in order to create the state.

  • October 22, 2018

    Native, Animal Groups Launch Privacy-Based Climate Suit

    A Native American women’s green group and an animal rights organization sued the federal government Monday, alleging its actions on a host of environmental issues have exacerbated climate change and violated U.S. citizens’ right to privacy under the Constitution.

  • October 22, 2018

    NCAI Puts Exec On Leave Amid Hostile Workplace Claims

    The National Congress of American Indians announced Saturday that tribal leaders had placed the organization’s executive director on leave amid calls for an investigation into reports of a hostile workplace and sexual harassment, weeks after the departure of the organization’s long-serving counsel.

Expert Analysis

  • Modern Communication Brings E-Discovery Challenges

    Thomas Bonk

    As new communications platforms displace email, the legal industry is awkwardly grappling with complex e-discovery questions. Fortunately, this environment provides a very fertile ground of incentives for innovation in both e-discovery technology and service offerings, says Thomas Bonk of Epiq.

  • Indian Canon And Chevron Deference Do Not Conflict

    Steven Gordon

    Federal circuits are divided as to whether application of the Indian canon of construction is limited by the Chevron doctrine. However, this division is needless because in fact a sound analysis under Chevron requires a court to determine whether an agency correctly applied the Indian canon, says Steven Gordon of Holland & Knight LLP.

  • Opinion

    It's Not All About The Benjamins, Baby (Lawyer)

    J.B. Heaton

    Notwithstanding the latest salary war among prominent law firms, I urge my middle-aged and older colleagues to help the recent graduates we know focus on the long term. Even if the salary is the same, there is a big difference between an institutional firm and the relatively younger firms matching BigLaw, says J.B. Heaton, a University of Chicago business law fellow and former partner at Bartlit Beck.

  • Series

    Judging A Book: Hood Reviews 'Lawyering From The Inside Out'

    Judge Denise Hood

    Law professor Nathalie Martin's new book, "Lawyering From the Inside Out: Learning Professional Development Through Mindfulness and Emotional Intelligence," can be of value to any lawyer aiming to achieve greater productivity, relieve the stress of the legal profession and focus on goals, says U.S. District Chief Judge Denise Page Hood of the Eastern District of Michigan.

  • 3 Top E-Discovery Case Law Lessons Of 2018 (So Far)

    Casey Sullivan

    The blockbuster e-discovery cases, with big sanctions and bigger controversies, have been few and far between this year. But that doesn’t mean the legal questions around e-discovery have been answered. Let’s take a closer look at three cases worthy of our attention, says Casey Sullivan, an attorney at discovery technology provider Logikcull.

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • 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.