Native American

  • September 21, 2017

    DC Circ. Won’t Rehear Challenge To $380M Tribal Payout Plan

    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.

  • September 20, 2017

    Mont. Justices Rule Water Claim Under State, Not Tribal, Law

    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.”

  • September 20, 2017

    NJ AG Must Produce Some Docs In Tribe's Suit: Magistrate

    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.

  • September 20, 2017

    NY Must Hand Over Relevant Docs In FedEx Cigarette Suit

    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.

  • September 20, 2017

    Tribal Boss Got Stark Warning Over Loan Empire, Jury Hears

    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.

  • September 20, 2017

    Gov't Fights Sanctions Bid In Ex-Nurse's Privacy Suit

    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.

  • September 19, 2017

    Conn. Can't Escape Tribe's $610M Land Compensation Suit

    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.

  • September 19, 2017

    10th Circ. Won’t Rethink Win For Utes In Police Chase Case

    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.

  • September 19, 2017

    DOI Claims Immunity In Blackfeet Water Rights Suit

    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.

  • September 19, 2017

    Racer Blames Manager For Weather Fibs At $2B Fraud Trial

    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.

  • September 19, 2017

    State AGs Widen Probe Into Opioid Makers, Distributors

    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.

  • September 19, 2017

    Senate Panel Advances Key Energy Noms

    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.

  • September 18, 2017

    DOI Recommendations To Shrink Monuments Draw Fire

    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.

  • September 18, 2017

    Atty Tells Jury Tribe Grew Wary Of Racer's Payday Loan Plan

    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.

  • September 18, 2017

    Tribal Hospital Accused Of Negligence In Patient Death

    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.

  • September 18, 2017

    Calif. Court Nixes Suit Over Failed Tribal Casino Project

    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.

  • September 18, 2017

    Wind Farm Needed Osage Nation Lease, 10th Circ. Says

    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.

  • September 18, 2017

    Ariz. Tribe Says Feds Must Face Trust Mismanagement Suit

    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.

  • September 18, 2017

    SD Can Tax Nontribal Members In Store, But Not Casino

    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.

  • September 15, 2017

    NY Tribe's Attorney Defends Allergan Patent Deal

    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.

Expert Analysis

  • The Role Legal Finance Can Play In Firm Year-End Collections

    Travis Lenkner

    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.

  • 'Per-Doc' Pricing Can Improve Document Review

    file folder

    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.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    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."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    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.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    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.

  • Opinion

    Dealing With Difficult Lawyers

    Alan Hoffman

    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 Psychology Of Hourly Fee Arrangements

    J.B. Heaton

    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.

  • Opinion

    Patchak V. Zinke Stresses Need For Separation Of Powers

    James Marino

    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.

  • Self-Collection In E-Discovery — Risks Vs. Rewards

    Alex Khoury

    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.

  • 6 Common Lateral Partner Myths Debunked

    Dan Hatch

    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.