The Tenth Circuit on Friday backed a lower court ruling that a New Mexico utility can’t secure a path for a transmission line through property that is partly owned by the Navajo Nation, saying there's no language in federal law on rights of way that allows tribal lands to be condemned.
The purported Nooksack Indian Tribal Council pressed a Washington federal judge Thursday to rethink tossing its lawsuit claiming that the U.S. Department of the Interior has wrongly refused to pay roughly $14 million in funding, challenging the judge’s deference to the agency’s view that the council lacks authority to sue on the tribe’s behalf.
A federal investigation into whether a former Chippewa Cree tribe official allegedly misused income from a farming operation revealed that the allegation was unfounded, the U.S. Department of the Interior’s watchdog announced on Thursday.
North Carolina Gov. Roy Cooper on Thursday announced he sent a letter to congressional leaders advocating for the full federal recognition of the Lumbee Tribe in the state, saying such a recognition would help much of the state’s southeastern region.
Debra Haaland, a Pueblo of Laguna member and former head of the Democratic Party of New Mexico, is looking to ride a wave of opposition to President Donald Trump to become the first Native American woman ever elected to Congress, and she told Law360 in an exclusive interview that she likes her party’s chances in the 2018 midterm elections.
A New York federal judge ordered UPS to pay $247 million to the Empire State and New York City for helping move untaxed cigarettes from tribal lands, saying Thursday the shipping giant had shown a “lack of willingness to change” without a hefty punishment.
The Navajo Nation Council on Wednesday introduced legislation that would approve an agreement to allow the coal-fired Navajo Generating Station on the tribe’s reservation in Arizona to keep its doors open through the end of 2019, as the tribe faces a July 1 deadline to make a decision on the deal.
A group of Sioux tribe members on Wednesday pressed a D.C. federal judge to let them take part in a challenge to the U.S. Army Corps of Engineers’ approvals for the Dakota Access pipeline in North Dakota, saying that they may be needed in the suit to preserve claims that the pipeline violates their religious rights.
Three Republican senators floated legislation Thursday aimed at boosting transparency and accountability at the Indian Health Service, in an effort to guarantee that Native Americans across the country receive reliable and quality health care.
A group of 86 Democratic U.S. representatives told Interior Secretary Ryan Zinke on Thursday that Congress, not the president, has the authority to revoke or shrink national monuments, meaning that his ongoing review of certain monuments at President Donald Trump’s direction is a waste of time and money.
A D.C. federal judge held Wednesday that Contraband Cigarettes Trafficking Act recordkeeping requirements apply to Native American entities, a blow for a group of tribally-owned cigarette distributors that sought a declaration that they do not have to comply with the requirements.
A conservation group accused the U.S. Department of the Interior on Wednesday of ignoring its request for information about the Obama administration’s deliberations over five national monuments, including the Bears Ears National Monument — documents it hopes will shed light onto what it called Interior Secretary Ryan Zinke’s “sham review” of their designations.
Connecticut’s Senate passed a bill Wednesday that would allow a company co-owned by the tribes behind the Foxwoods Resort and Mohegan Sun to open a proposed $300 million third casino in the state, but Democratic leaders of the state’s House of Representatives quickly said the bill would not get the green light there in its current form.
North Dakota urged the D.C. Circuit on Tuesday to undo a settlement in which the U.S. Environmental Protection Agency agreed to review and potentially update its oil and gas drilling waste disposal rules, arguing the deal is unlawful because it isn't consistent with federal solid waste laws.
Judges on a Ninth Circuit panel that upheld an order directing the state of Washington to replace 1,000 culverts that infringed on tribal fishing rights said on Friday the ruling should be interpreted narrowly — but experts said the decision could fuel challenges to other wildlife-affecting projects based on a broader reading, and there’s a good chance the U.S. Supreme Court would be interested in reviewing it.
The El Paso Natural Gas Co. and the Navajo Nation told a D.C. federal judge on Tuesday that they have agreed to drop a suit against the federal government over contamination of a site within the nation’s boundaries, saying that the government has agreed to sample groundwater at the site.
The 2018 budget proposal for the U.S. Department of the Interior unveiled Tuesday by the Trump administration would trim over $300 million from federal programs serving Native Americans, cutting education, social services, tribal courts and other items. Here, Law360 looks at how the proposed budget would impact Indian Country.
The Center for Biological Diversity on Tuesday filed a suit in D.C. district court alleging that four federal agencies violated public records laws by not disclosing key climate change information in a timely fashion.
A former Winnebago Tribal Council member on Monday pled guilty in Nebraska federal court to taking unauthorized money from the tribe’s casino, with the federal government saying it will recommend a sentence of five years' probation.
A Rio Tinto PLC and BHP Billiton PLC unit pressed an Arizona federal court Monday to toss lawsuits in which a Native American tribe and environmental and mining groups are challenging the U.S. Forest Service's decision to greenlight a data collection plan related to the company's proposed mining project in the state.
While Lewis v. Clarke may provide cause for concern for tribal employees and for tribes that may be obligated to indemnify them, tribes can protect themselves by carefully reviewing and assessing their risk management programs and the sufficiency of their liability insurance policies, say Erica Dominitz and Venus Prince of Kilpatrick Townsend & Stockton LLP.
The Eleventh Circuit has made clear that it will strictly construe the U.S. Supreme Court's Affiliated Ute decision as well as the omission language of Rule 10b-5(b). This will continue to present challenges to the plaintiffs bar in this circuit, say Brian Miller and Samantha Kavanaugh of Akerman LLP.
In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.
As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.
Given the perceived higher hurdles to class certification, it is likely that counsel for plaintiffs in securities cases will seek to recharacterize their claims as omission claims to take advantage of the 45-year-old Affiliated Ute presumption. In the Fifth Circuit, that will be a challenging task, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.
While there are still very few district court decisions within the Ninth Circuit to have analyzed the relationship between the Affiliated Ute and the fraud-on-the-market presumptions of reliance since the U.S. Supreme Court’s 2014 Halliburton decision, plaintiffs are increasingly attempting to plead both theories, as demonstrated by several recent decisions, say Michele Johnson and Colleen Smith of Latham & Watkins LLP.
Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.
In the 45 years since the U.S. Supreme Court's ruling in Affiliated Ute, the Seventh Circuit has cited it 145 times. The most significant of these decisions was the court's rejection of the “fraud created the market” theory as an extension of Affiliated Ute, says Julie Goldsmith Reiser of Cohen Milstein Sellers & Toll PLLC.
Over the last 45 years, Affiliated Ute has, in the Third Circuit, spawned primarily four lines of cases, each addressing a distinct issue raised by that ruling. The most vexing issue, particularly in cases that involve misrepresentations and omissions, is when the presumption applies and when it does not, says John Harnes of Chitwood Harley Harnes LLP.
Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.