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Native American
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April 11, 2025
Virginia Tribe Says Medicaid Dispute Will Sink Healthcare Biz
The Nansemond Indian Tribe is requesting that a federal court hand down an order that would instruct Virginia to continue processing its more than 130,000 unpaid Medicaid reimbursement claims, arguing that without it, the commonwealth will succeed in driving its healthcare entity out of business.
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April 11, 2025
EPA Workers Allege Discrimination Over Indefinite Leave
U.S. Environmental Protection Agency employees dedicated to working on issues facing poor and minority communities exposed to disproportionate pollution say in a new complaint that the EPA is discriminating against them by forcing them into indefinite leave.
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April 10, 2025
Calif. Centers Used 'Body Brokers' In $10M Scam, BCBS Says
Blue Cross Blue Shield of Oklahoma slammed two California recovery centers and their owners with a lawsuit Thursday, alleging they spearheaded a $10 million kickback scheme to employ "body brokers" to find Indigenous patients for substance treatment facilities where they went to appalling lengths to stop them from leaving.
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April 10, 2025
Alaskan Tribes Sue Army Corps Over Gold Mining Project
The U.S. Army Corps of Engineers failed to adequately evaluate the effects of a suction dredge mining project for gold on a "pristine" Alaskan estuary, Native American tribes said in a lawsuit filed Thursday.
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April 10, 2025
Groups Urge Protections For Native Monuments Amid Threats
The National Congress of American Indians is urging U.S. House members and the Trump administration to refrain from weakening protections on national monuments, saying recent executive orders and funding freezes threaten the inherent rights of Indigenous nations to steward and protect their ancestral lands for future generations.
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April 10, 2025
BLM Nominee Drops Out After Trump Criticism Surfaces
Oil and gas advocate Kathleen Sgamma is no longer in line to be the next head of the Bureau of Land Management, dropping out of the running on the morning of her Thursday confirmation hearing shortly after her past comments criticizing President Donald Trump were publicized.
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April 10, 2025
Alaska Asks DC Judge To Halt Tribe's Gaming Hall
The state of Alaska is asking a D.C. federal judge to bar an Alaska Native tribe from operating a gaming hall in Anchorage while the state challenges federal authorization for the facility, arguing that intervention is needed to preserve "the status quo that has existed in Alaska for more than 30 years."
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April 09, 2025
'Evasive' Unions Told To List Fired Probationary Workers
The California federal judge who ordered the reinstatement of many fired probationary federal workers before the U.S. Supreme Court stayed his ruling on Wednesday ordered the public sector unions representing federal staffers to provide a list of their booted members, calling their claims that the information would be difficult to produce "evasive."
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April 09, 2025
Tribe Warns High Court Of Dire Impact If Land Trust Bid Fails
A Michigan tribe seeking to undo an order denying its bid to compel the federal government to take 73 acres into trust for a casino venture outside of Detroit says a Supreme Court rejection of its petition will have disastrous consequences for its members and other similarly situated tribes.
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April 09, 2025
Colo. Says Online Betting Rules Don't Step On Tribal Authority
Colorado has asked a federal judge to toss a lawsuit by two tribes who claim the state is overreaching by trying to regulate online sports betting, arguing its regulations are within the scope of the Indian Gaming Regulatory Act.
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April 09, 2025
Okla. Charter School Funding Args Need Clarity, Justices Told
Indigenous organizations have weighed in on a dispute set to be argued later this month before the U.S. Supreme Court over whether Oklahoma can publicly fund the nation's first Catholic charter school, telling the justices that historical examples cited in the case of the federal government paying for Native boarding schools need clarification.
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April 09, 2025
Trump EPA, FWS Nominees Clear Senate Committee Vote
Three of President Donald Trump's nominees for top positions at the U.S. Environmental Protection Agency and the U.S. Fish and Wildlife Service on Wednesday cleared a Senate committee confirmation vote, clearing the path for a vote by the full body.
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April 08, 2025
US Seeks To Toss Utah Tribe's Water Claims Against Farm
The United States has weighed in on a tribe's dispute against a farm over water use and land rights in Utah federal court, arguing that U.S. officials have approved the water transfer agreements at issue as well as more than 200 others like them.
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April 08, 2025
Tulsa County Seeks Quick Win In Tribal Jurisdiction Dispute
Tulsa County is asking an Oklahoma federal court for an early win in a challenge by the Muscogee (Creek) Nation that looks to block the county and its officials from asserting criminal jurisdiction on its reservation, saying the request is an attack on state and federal Supreme Court precedent.
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April 08, 2025
New Mexico High Court Reaffirms Language Access Rights
The New Mexico Supreme Court on Tuesday reaffirmed its commitment to provide access to language services for non-English speakers, saying an executive order by President Donald Trump designating English as the country's official language doesn't alter the state's law, constitution or legal obligation to its citizens.
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April 08, 2025
Trump Wants To Use Firms That Cut Deals For Coal Leases
President Donald Trump said Tuesday that he wants to help coal companies with their leasing matters by proffering the services of BigLaw firms that signed agreements to avoid getting shut out of government work.
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April 08, 2025
Tribal Leaders Not Immune From Extortion Law, Justices Told
The government is urging the U.S. Supreme Court to reject claims by the former head of a Native American tribe who says the federal law against extortion does not apply to him or other tribal leaders.
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April 08, 2025
Justices Halt Order To Reinstate Federal Workers
The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings.
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April 07, 2025
Mont. State Senator, Farmer Challenge Canadian Tariff Orders
A Montana state senator and a Blackfeet Nation farmer are asking a federal court to block several Trump administration executive orders and proclamations that impose tariffs on Canadian goods and declare an energy emergency, arguing that the decisions are an unconstitutional attempt to regulate commerce while violating their treaty rights.
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April 07, 2025
Homeland Secretary Waives Fed Laws For Calif. Border Wall
Homeland Security Secretary Kristi Noem has issued a federal notice that she is waiving a slew of environmental and historical preservation laws to facilitate the construction of a barrier wall and roads in the San Diego area, citing illegal border crossings and drug trafficking.
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April 07, 2025
No Basis To Revive Leasing Withdrawals Ruling, Trump Says
The Trump administration urged an Alaska federal judge not to reinstate a decision barring it from undoing former President Barack Obama's withdrawal of offshore waters from oil and gas leasing, while it fights to revoke additional Biden administration removals.
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April 07, 2025
T-Mobile Says 5G Rural Fund Could Be Unnecessary
T-Mobile thinks a federal program to patch holes in rural 5G service using an auction fund could end up wasting money by getting off the ground too soon, and has urged the Federal Communications Commission to put the whole idea on ice.
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April 04, 2025
Mohawk Nation Drops Out Of NY Suit Over Deal Disagreement
A New York federal judge has granted a tribal nation's bid to dismiss its claims against the state in a land dispute stemming from a 1796 treaty after the tribe told the judge it can't go along with a proposed settlement.
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April 04, 2025
Va. Tribe Accuses State Of Obstructing Medicaid Program
The Nansemond Indian Nation and its healthcare entity have sued the Commonwealth of Virginia in federal court, saying the state made changes to its Medicaid program without lawful authority in a "systematic" campaign to undermine the sovereign rights of tribes.
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April 04, 2025
Youths Ask Alaska High Court To Stop LNG Project
A group of young Alaskans is asking the state's high court to block a deal to develop the only permitted liquefied natural gas export project on the Pacific coast of the U.S.
Expert Analysis
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Permitting, Offtake Among Offshore Wind Challenges In 2024
Although federal offshore wind development started to pick up this year, many challenges to the industry became apparent as well — including slow federal permitting, the pitfalls of restarting permits after changes in project status, and the difficulties of negotiating economically viable offtake agreements, say attorneys at Liskow & Lewis.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.