Native American

  • September 23, 2020

    Veteran Mental Health Bill Sent To Trump, Other Bills Proceed

    U.S. Senate and House lawmakers passed a sweeping bill Wednesday to address mental health care for veterans, just days after the House passed a host of bills to bolster the national stockpile's medical supplies, update Medicaid benefits and let the government destroy counterfeit medical devices.

  • September 23, 2020

    Tribes Say Mexican Border Wall Curtails Cultural Practices

    A group of Native American tribes based in San Diego County in California has filed suit in D.C. federal court against the U.S. government over its construction of a wall along the Mexican border, claiming the barrier will prevent them from freely accessing cultural sites on both sides of the border.

  • September 23, 2020

    Trump's COVID-19 Response Based On Science, Officials Say

    Government health officials leading the Trump administration's response to the coronavirus pandemic on Wednesday answered senators' questions on Capitol Hill, defending the scientific basis of key decision-making related to vaccine development and distribution as well as agency guidance that has faced scrutiny.

  • September 23, 2020

    Drug Distributors Seek Out Of W.Va. Opioid Bellwether

    Drug distributors McKesson, Cardinal and AmerisourceBergen told a West Virginia federal judge they should be axed from a county's bellwether trial over the opioid epidemic, saying the state has never recognized a public nuisance claim based on a product's alleged harm.

  • September 23, 2020

    AGs Say White House Enviro Review Rule Threatens Species

    A group of state attorneys general have told the White House that its controversial overhaul of environmental review regulations violates the Endangered Species Act.

  • September 23, 2020

    Tribe Not Immune To Casino Settlement Suit, 9th Circ. Says

    The Ninth Circuit has found that the Guidiville Rancheria of California waived its sovereign immunity to a suit by environmental activists, saying the tribe can't dodge the environmentalists' claim that its settlement with the city of Richmond over a failed casino project violated a state open meeting law.

  • September 22, 2020

    Without Ginsburg, High Court May Still Keep ACA Intact

    The death of U.S. Supreme Court Justice Ruth Bader Ginsburg has ignited new fears that the sudden opening on the bench might lead to the end of the Affordable Care Act in a closely watched case before the high court, but experts cautioned that the health insurance law's fate is far from sealed.

  • September 22, 2020

    House Sends Tribal Gov't Contracting Bill To Trump's Desk

    The U.S. House of Representatives has passed a bill that would give Native American tribes more power to shape their self-governance contracts with the federal government, sending the legislation to the president to sign after earlier approval by the Senate.

  • September 22, 2020

    Pharmacies Lose Bid To Revisit Ruling On Their Opioid Duties

    The Ohio federal judge overseeing opioid litigation on Tuesday refused to reconsider an earlier decision allowing two Ohio counties' opioid claims to go forward, reaffirming his conclusion that pharmacies should protect against types of diversion beyond theft.

  • September 22, 2020

    Chubb Must Defend Rite Aid In Opioid Suits, Del. Court Says

    The Delaware Superior Court ruled Tuesday that Chubb must defend Rite Aid Corp. in hundreds of suits alleging it improperly distributed opioids, finding that alleged economic losses in the underlying litigation were caused by "bodily injury" covered by Chubb's policy.

  • September 22, 2020

    DC Circ. Judge Says Axing EPA Ozone Rule 'Makes No Sense'

    Environmentalists seem to have a dim chance of striking down parts of a Trump administration rule they say gives localities unlawful flexibility to comply with ozone limits, as their arguments faced resistance from a D.C. Circuit panel Tuesday.

  • September 22, 2020

    Full 1st Circ. Asks Maine How Tribe Can Fish With No Water

    A full First Circuit on Tuesday struggled with Maine's assertion that the "rivering" Penobscot Nation could simultaneously keep its rights to fish on its reservation while giving up the title to the surrounding waters, prompting one judge to demand a straight answer from the state's attorney.

  • September 22, 2020

    EPA Denied Exit From Wash. River PCB Litigation

    A Washington federal judge on Tuesday rejected a push by the U.S. Environmental Protection Agency to throw out a lawsuit by the Sierra Club and other environmental groups pushing for officials to regulate PCB contamination in the Spokane River, deciding that the agency's compliance plan can be challenged.

  • September 21, 2020

    Justice Ginsburg: Who She Was, How She Shaped The Law

    Justice Ruth Bader Ginsburg died on Friday at age 87. Here, Law360 looks at the feminist icon's legacy and the battle brewing over her seat.

  • September 21, 2020

    Law360's The Term: The Life And Legacy Of Justice Ginsburg

    Justice Ruth Bader Ginsburg is among the few on the U.S. Supreme Court to have etched her name into legal history long before donning a robe. In a special episode this week, Law360's The Term dives into her legacy as a pioneering women's rights advocate with two guests who worked by her side. 

  • September 21, 2020

    Budding Textualist Star Barbara Lagoa Eyed For High Court

    Known as a budding superstar in Florida conservative legal circles, committed textualist Judge Barbara Lagoa could continue her lightning-quick ascent through the appellate ranks if President Donald Trump taps her for the now-vacant U.S. Supreme Court seat, where she would become the first Cuban-American, and first Floridian, to sit on the high court.

  • September 21, 2020

    McConnell Defends Election-Year Plan To Replace Ginsburg

    The Senate majority leader on Monday defended his plan to replace Justice Ruth Bader Ginsburg this year, while the House speaker said the late jurist will become the first woman to lie in state at the Capitol.

  • September 21, 2020

    Wash. Tribes Urge Justices To Rebuff Fishing Grounds Row

    Several tribes have urged the U.S. Supreme Court to turn down the Muckleshoot Indian Tribe's bid to establish its right to larger fishing grounds off the coast of Washington state, saying the Muckleshoot fishing area is already set and there's no circuit split over how to interpret a decades-old court decree.

  • September 21, 2020

    DC Circ. Asked To Examine Approval Of $45B LNG Project

    Two conservation groups infuriated by the Federal Energy Regulatory Commission's recent approval of the Alaska liquefied natural gas project, which includes a 807-mile pipeline, asked the D.C. Circuit on Monday to examine the agency's decision and its refusal to grant a rehearing request.

  • September 21, 2020

    3 Key Developments As US Coronavirus Deaths Near 200,000

    The Centers for Disease Control and Prevention withdrew guidance on COVID-19 spread, the Trump administration's blueprint for distributing the coronavirus vaccine faced swift criticism, and litigation related to the pandemic continued to mount just as the number of confirmed U.S. virus-linked deaths neared 200,000. Here are three key developments to know.

  • September 21, 2020

    3 Times Ginsburg Led The Way On Environmental Law

    U.S. Supreme Court Justice Ruth Bader Ginsburg will be best remembered for her fierce support of gender equality and civil rights, but she made her mark on environmental law as well, authoring opinions that established citizens' right to sue polluters under the Clean Water Act and the government's right to regulate cross-state air pollution.

  • September 21, 2020

    6 Captivating Tax Opinions By Justice Ginsburg

    Justice Ruth Bader Ginsburg's monumental legacy includes tax opinions in which she addressed whether a California corporate franchise tax violates the Constitution, how states can tax citizens and when employment taxes apply to baseball players' back pay. Here, Law360 examines six significant opinions and dissents.

  • September 21, 2020

    7th Circ. Won't Rethink Oneida Festival Permit Ruling

    The Seventh Circuit on Friday stood by its decision that the Oneida Nation doesn't need a permit from a Wisconsin village to hold its annual apple festival, rejecting the village's request to revisit the issue.

  • September 21, 2020

    Feds Lose Bid To Dump Environmental Review Overhaul Suit

    A Virginia federal judge on Monday rejected the Trump administration's request to bring a quick end to what it had called a premature challenge from conservation groups to its overhaul of the National Environmental Policy Act.

  • September 21, 2020

    Health Experts Detail COVID-19 Vaccine Trial For Navajo

    The Navajo Nation and Johns Hopkins University are seeking a "few hundred" qualifying Navajo adults to participate in a recently announced trial for a COVID-19 vaccine candidate created by Pfizer/BioNTech, according to the Johns Hopkins Center for American Indian Health.

Expert Analysis

  • How Congress Can Depoliticize The Supreme Court

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    Congress has multiple means to take the politics out of federal judicial nominations and restore the independence of the U.S. Supreme Court — three of which can be implemented without a constitutional amendment, says Franklin Amanat at DiCello Levitt.

  • Opinion

    The Case For A Nonpolitical Federal Judiciary

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    For the last 20 years, at the insistence of both parties, U.S. Supreme Court nominations have been fierce ideological battles — which is bad for the country and bad for the public's perception of the legitimacy of the court, say Judge Eric Moyé, Judge Craig Smith and Winston & Strawn partner Tom Melsheimer.

  • The Keys To A Better Privilege Logging Paradigm

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    Current privilege logging practices to identify what information is being withheld from discovery often lead to costly disputes, so practitioners should adopt a system based on trust and good faith, similar to the presumptions embedded in the business judgment rule for corporate directors and officers, say Kevin Brady at Volkswagen and Charles Ragan and Ted Hiser at Redgrave.

  • Equator Principles Update: What Energy Cos. Should Know

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    An Oct. 1 update to the Equator Principles will bring significant changes to the environmental, social and governance framework, and energy projects receiving loans of as little as $50 million must now prepare for compliance, says Jillian Kirn at Greenberg Traurig.

  • White House Due Process Memo Could Reform Enforcement

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    A little-noticed memo recently issued by the Trump administration in response to the pandemic, directing federal agencies to provide greater due process to individuals and companies under regulatory investigation, represents a long-overdue sea change in the way justice is carried out in enforcement proceedings, say Joan Meyer and Norman Bloch at Thompson Hine.

  • Law Firm Hiring Considerations In A COVID-19 Economy

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    Financially robust law firms are entering the recruiting market aggressively knowing that dislocations like the COVID-19 crisis present rare competitive opportunities, and firms that remain on the sidelines when it comes to strategic hiring will be especially vulnerable to having their best talent poached, says Brian Burlant at Major Lindsey.

  • Opinion

    Lawyers Must Act To Preserve Democracy This Election

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    COVID-19 concerns and glaring gaps in registration threaten to dampen voter turnout in the 2020 election, so attorneys should take on the problem by leveraging their knowledge and resources in seven ways, says Laura Brill at Kendall Brill.

  • How To Effectively Defend Witnesses In Remote Depositions

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    When a witness is isolated from the defending lawyer during a remote deposition, carefully planning the logistics and building witness confidence are critical to avoiding damaging admissions, say Jessica Staiger at Archer Daniels and Alec Solotorovsky at Eimer Stahl.

  • Whether And How To Compel Remote Arbitration

    Excerpt from Practical Guidance
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    As the pandemic delays in-person arbitration hearings, mediator and arbitrator Theodore Cheng provides arbitrators with a checklist to examine the rationale and authority for compelling parties to participate in remote hearings.

  • The Unique Challenges Of Protecting A Law Firm Brand

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    Recent law firm trademark disputes highlight how the tension between legal ethics rules and trademark law can make it difficult for firms to select brands that are distinctive and entitled to protection, say Kimberly Maynard and Tyler Maulsby at Frankfurt Kurnit.

  • Liability For Incidental Migratory Bird Killings Still In Flux

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    Following a New York federal court's recent opinion vacating the U.S. Department of the Interior's move to weaken migratory bird protections, industry players must be mindful of potential liability for incidental killings until the DOI clarifies the issue in a forthcoming rule, say Peter Whitfield and Aaron Flyer at Sidley.

  • What To Know When Making Dispositive Motions In Arbitration

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    As practitioners increasingly turn to dispositive motion practice within arbitration, they should be aware of the underlying authority for these motions and consider practical guidance for their use, says arbitrator and mediator Janice Sperow.

  • 4 Ways Amicus Briefs Can Support An Overall Legal Strategy

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    The strategic use of amicus briefs can help an appellate court think about a case in a new way and lift an organization's own cause or reputation for legal thought, say Mark Chopko and Karl Myers at Stradley Ronon.

  • Deciding Whether Co-Mediation Is Right For Your Case

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    Not every case requires more than one mediator, but engaging two mediators with different perspectives or expertise can significantly enhance the settlement process in certain disputes — and parties can choose from several co-mediation approaches, say Gail Andler and Cassandra Franklin at JAMS.

  • Roundup

    Black Law Firm Leaders On Improving Diversity In BigLaw

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    In this Law360 Diversity Snapshot series, five Black law firm leaders share their memories of breaking into BigLaw and thoughts on how to increase minority representation in the legal industry.

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