The D.C. Circuit on Wednesday declined to review its May decision rejecting challenges to a plan to redistribute $380 million left over from a landmark settlement of Native American farmers and ranchers’ racial discrimination claims.
The Montana Supreme Court ruled Tuesday that water rights for land acquired by Scott Ranch LLC fell under state law and not under the authority of a tribal compact, overruling the state Water Court in a case that was described as a “somewhat unusual situation.”
A federal magistrate judge has said that New Jersey has to produce certain documents, including various internal memos, sought by the Nanticoke Lenni-Lenape Tribal Nation in its suit claiming state regulators wrongfully repudiated the tribe’s state recognition status.
A New York federal judge ordered the state to show FedEx documents that are relevant to a consolidated lawsuit it brought with New York City alleging the company made illegal shipments of untaxed cigarettes from Native American reservations and other states.
A witness cried on Wednesday as she told the Manhattan jury hearing criminal charges against racer Scott Tucker and lawyer Timothy Muir that she warned her former boss, a Miami tribe entrepreneur, that getting too close to Tucker and Muir's $2 billion payday loan empire could land him in prison.
The federal government urged a New Mexico federal judge Tuesday to deny a request for discovery sanctions from a former nurse who accuses it of spreading detailed information about her physical and sexual assault, claiming it has made every effort to comply with the requests.
A Connecticut court on Tuesday denied the state's attempt to kill the Schaghticoke Tribal Nation’s $610 million lawsuit seeking compensation for the alleged unconstitutional taking of its land and mismanagement of its funds, saying the existence of a competing Schaghticoke faction doesn’t nullify the nation’s right to bring claims on behalf of its members.
The Tenth Circuit on Monday said it would not rethink its decision allowing a tribal court to hear a trespassing claim against state and local police officers related to the shooting death of a Ute Indian Tribe member.
The federal government asked a Montana federal judge on Monday to dismiss a suit filed by members of the Blackfeet Nation that demanded legal title to the natural resources on the tribe’s reservation, arguing that the United States was immune from the suit’s claims.
Talk of the weather returned Tuesday to the Manhattan payday loan fraud trial of racer Scott Tucker and lawyer Timothy Muir, with Tucker’s defense team blaming a former manager for meteorological fibs that tricked callers into thinking the Kansas-based lending operation was on faraway tribal lands.
A bipartisan state attorneys general investigation into the opioid epidemic has expanded to include more drug manufacturers and distributors, including Purdue Pharma, Allergan and AmerisourceBergen, according to a Tuesday announcement from Massachusetts Attorney General Maura Healey.
The U.S. Senate Committee on Energy and Natural Resources on Tuesday advanced the nominations of two Federal Energy Regulatory Commissioners, including President Donald Trump's pick to lead the agency, as well as the Department of the Interior's land and minerals management boss and its solicitor, and the Department of Energy's top lawyer.
Tribes, environmental groups and federal lawmakers on Monday assailed the U.S. Department of the Interior’s recommendations that several national monuments be reduced in size, while Republican leadership slammed the leaking of the DOI’s memo containing the recommendations.
An effort by racer Scott Tucker to involve California's Yurok tribe in a lending operation fizzled amid tribal concern it would have no role in the business except to “exist,” the Yuroks' former lawyer told a Manhattan jury Monday in the criminal fraud trial of Tucker and his attorney Timothy Muir.
The estate of a woman who died at Fort Defiance Indian Hospital filed a wrongful death suit against the tribal medical center and several of its doctors and nurses in Arizona federal court, claiming the woman was not adequately protected from the fall that ultimately killed her.
A California appellate court on Friday overturned a $30 million award to a gaming developer in its suit over two agreements for the Shingle Springs Band of Miwok Indians' failed casino project, ruling a lower court lacked jurisdiction over the suit because it was preempted by the Indian Gaming Regulatory Act.
The Tenth Circuit said on Monday that wind farm developers should have gotten a mineral lease from the Osage Nation and approval from the Bureau of Indian Affairs before engaging in surface construction of an Oklahoma wind farm, reversing a lower court decision.
The White Mountain Apache Tribe on Friday fought a partial dismissal bid of its suit claiming the federal government failed in its trust duty to the tribe by mismanaging its money and the forests on its sprawling Arizona reservation, hitting back at the government’s attempt to toss claims prior to 2011.
A South Dakota federal judge ruled on Friday that the state can’t impose a use tax on money nontribal members spend at the Flandreau Santee Sioux Tribe’s casino on gaming, food and other services, but said the same tax can be imposed on nonmember purchases at a store on the tribe's reservation.
The general counsel for the Saint Regis Mohawk Tribe told Law360 on Friday that criticism from a federal lawmaker and others of the tribe’s acquisition of Allergan PLC’s patents for dry eye medication Restasis won’t deter the tribe from persisting in the patent business and that other tribes are putting out feelers to take part in similarly structured deals.
Payment collection delays have caused law firms to seek new options, one of which is litigation finance. In this context, litigation finance can offer alternative avenues to firms as they approach the end of a fiscal year or partnership distribution dates, says Travis Lenkner of Burford Capital LLC.
Imagine going to a restaurant and ordering your steak medium-rare. The steak arrives burned. You expect the kitchen to bring you another one properly done, right? And you don’t expect to pay for two steaks, do you? Paying a vendor for document review should be no different, says Lisa Prowse, an attorney and vice president at e-discovery firm BIA Inc.
Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."
Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.
In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.
Some lawyers tend to be overly aggressive, regarding law practice as a zero-sum game in which there are only winners and losers. The best response is to act professionally — separating the matter at hand from the personalities. But it is also important to show resolve and not be vulnerable to intimidation, says Alan Hoffman of Husch Blackwell LLP.
The range of possible and better fee agreements is wide. But such alternatives will become popular only if litigants confront the psychological tendencies shaping their existing fee arrangements, says J.B. Heaton, a partner at Bartlit Beck Herman Palenchar & Scott LLP.
Patchak v. Zinke may be one of the most important cases that the U.S. Supreme Court will hear in the coming term, as it will address whether Congress has the right to retroactively declare that what was illegal can be "made legal" by legislative dispensation, rendering the Administrative Procedure Act's protections essentially vapid and illusory, says James Marino.
As judges become better educated about the complexities of collecting electronically stored information, in particular the inefficacy of keyword searching, they are increasingly skeptical of self-collection. And yet, for many good reasons (and a few bad ones), custodian self-collection is still prevalent in cases of all sizes and in all jurisdictions, says Alex Khoury of Balch & Bingham LLP.
It’s safe to say that while demand ebbs and flows for legal services, there will never be a shortage of opinions about lateral partner hiring, which is positive for the industry, as anything with such vital importance to careers should attract significant attention. However, there is a unique mythology that travels with the discussions, says Dan Hatch of Major Lindsey & Africa.