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Native American

  • March 21, 2019

    DOI OKs Changes To Conn.'s Gambling Deal With Tribe

    The U.S. Department of the Interior has approved changes to Connecticut’s gambling agreement with the Mashantucket Pequot Tribal Nation, according to a notice to be published in the Federal Register on Tuesday, a move that could pave the way for a proposed $300 million casino project and resolve a related lawsuit.

  • March 21, 2019

    End Dates For Tribal-State Gaming Deals OK, 9th Circ. Says

    The Ninth Circuit on Thursday upheld a lower court’s order tossing a suit that claimed California wasn’t allowed to put expiration dates on its gaming agreements with tribes, saying that negotiating such dates is permitted by the Indian Gaming Regulatory Act.

  • March 21, 2019

    Native Groups Can't Weigh In On National Monuments Cuts

    Efforts of Native American advocacy groups to support challenges to President Donald Trump’s decision to shrink two national monuments were halted Wednesday when a D.C federal judge said their proposed amicus brief would not help determine whether the president’s decision was authorized by the Antiquities Act.

  • March 21, 2019

    DOI Gives Tribes, States $291M For Coal Mine Cleanup

    The U.S. Department of the Interior announced that states including Illinois, Pennsylvania and Texas along with several tribes will benefit from more than $291 million in funding to be used for the reclamation and regeneration of abandoned coal mines.

  • March 21, 2019

    EPA Contractors Can't Dodge Suit Over Gold King Mine Spill

    A New Mexico federal judge has allowed the bulk of claims to proceed against two U.S. Environmental Protection Agency contractors who worked on the Gold King Mine that spilled 3 million gallons of contaminants, saying they must face allegations brought under federal environmental and state tort laws.

  • March 20, 2019

    What’s In A Judgeship? More Than Meets The Eye

    Figuring out what constitutes a manageable workload for the nation’s district judges is no simple task. Getting the judiciary the resources it needs is even harder.

  • March 20, 2019

    Swamped: How Magistrate Judges Salvaged Louisiana's Judicial Crisis

    The Western District of Louisiana is supposed to have seven district judges. But for a year, most of the courthouses were operating without a single Article III judge. As usual, magistrate judges picked up the slack.

  • March 20, 2019

    Gorsuch's Take On Treaty And Tax Bodes Well For Tribes

    The U.S. Supreme Court bolstered the Yakama Nation's rights Tuesday when it ruled that a tribal company is shielded from a Washington state fuel tax by the Yakamas' federal treaty, but Justice Neil Gorsuch's robust concurrence could prove of greater long-term consequence as it shows the justice poised to become a swing vote in tribal cases.

  • March 20, 2019

    States Join Push For DC Circ. To Rehear FERC Dam Dispute

    Several states, including Oregon, New Jersey and Massachusetts, have urged the D.C. Circuit to reconsider its determination that the one-year time limit for states to act on Clean Water Act permit requests doesn't reset if applications are withdrawn and resubmitted.

  • March 20, 2019

    BLM Fell Short On Wyo. Drilling's Climate Impact, Judge Says

    A D.C. federal judge has halted the Bureau of Land Management from authorizing new oil and gas drilling on roughly 300,000 acres of land in Wyoming until the government goes back and takes a closer look at how it will impact climate change.

  • March 20, 2019

    Auto Dealers' Ch. 11 Can't Stop Deceptive Ad Suit, FTC Says

    The Federal Trade Commission argued Wednesday that its false advertising suit against a group of related automobile dealers in Arizona and New Mexico near the edge of the Navajo Nation's borders shouldn't be paused for the dealers' bankruptcy.

  • March 20, 2019

    Calif. Tribes Seek $900K After Salmon Protection Win

    The Yurok and Hoopa Valley tribes have asked a California federal court for more than $900,000 in combined fees after succeeding in their bid to force the federal government to take action to help protect a threatened salmon species in the Klamath River.

  • March 20, 2019

    BakerHostetler DQ'd From Opioid MDL Bellwethers

    An Ohio federal judge on Wednesday disqualified BakerHostetler from two bellwether cases in the multidistrict opioid litigation, citing confidential information that a firm partner viewed while working at the U.S. Department of Justice.

  • March 19, 2019

    Allergan Urges Justices To Hear PTAB Tribal Immunity Suit

    Allergan Inc. and the St. Regis Mohawk tribe Monday urged the U.S. Supreme Court to consider whether tribal immunity applies at the Patent Trial and Appeal Board, arguing that even if the drugmaker’s transfer of Restasis patents to the tribe was a “cash-for-immunity” deal, it’s not a reason to deny review.

  • March 19, 2019

    Greenpeace Sued Again Over Dakota Access Protest Support

    Greenpeace sought Monday to remove to North Dakota federal court a new Energy Transfer LP complaint that accuses the environmental group of encouraging "violent attacks" against the controversial Dakota Access Pipeline, asking the court to review the case just one month after it dismissed a similar suit.

  • March 19, 2019

    ‘In A Timely Manner’: Three Decades Of Judgeship Bills

    Partisanship has played a large role in the small passage rate of new judgeship bills since 1990. New judgeships create new vacancies, and neither party wants to give the other the upper hand.

  • March 19, 2019

    From Showdowns To Hotlines, Frazzled Judges Get Creative

    Using magistrate hotlines, “showdown” hearings and extra mediation, many courts with heavy dockets have pioneered methods for moving cases along. But not every program succeeds, and the techniques have their detractors.

  • March 19, 2019

    Gorsuch, Ginsburg Strike Rare Accord In Tribal Tax Case

    Tuesday’s U.S. Supreme Court ruling on whether a Native American company should be required to pay a Washington state fuel tax featured a rare agreement between justices who have often locked horns, with Justice Ruth Bader Ginsburg ditching her liberal colleagues and joining a concurrence by Justice Neil Gorsuch.

  • March 19, 2019

    2 NJ Tribes Get Recognition Reaffirmed By State

    New Jersey has affirmed its official recognition of the Powhatan Renape Nation and the Ramapough Lenape Nation through settlement agreements that acknowledge the tribes have been recognized by the state since 1980, New Jersey Attorney General Gurbir S. Grewal said.

  • March 19, 2019

    Justices Say Tribal Co. Doesn't Owe Wash. State Fuel Tax

    The U.S. Supreme Court on Tuesday upheld a Washington state court ruling that a Yakama Nation company does not have to pay a state fuel tax, saying the tribe's right to travel on public highways under its treaty makes the company exempt from the tax.

Expert Analysis

  • Lenders Score Major High Court Victory In Foreclosure Case

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    The U.S. Supreme Court's unanimous ruling on Wednesday in Obduskey v. McCarthy & Holthus LLP removes nearly all activities taken by creditors seeking nonjudicial foreclosure of liens and mortgages from the ambit of the Fair Debt Collection Practices Act, says John Baxter of Nelson Mullins Riley & Scarborough LLP.

  • Trial Counsel's Role On A Mass Tort Virtual Law Team

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    Trial counsel’s contribution to the virtual law team throughout the life cycle of a mass tort litigation rests in the key skill of viewing the case through the eyes of the ultimate audience for the defense, the jury, say attorneys at Covington & Burling LLP and Faegre Baker Daniels LLP.

  • Tech Trends From SXSW Pose Unique Questions For Lawyers

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    These days, a popular theme in media is that lawyers' jobs will be taken by robots. However, based on the tech issues discussed at the South by Southwest technology conference in Austin, Texas, last month, robots may in fact need lawyers, says Nick Abrahams of Norton Rose Fulbright.

  • In Bar Admissions Process, It's Candor Or Bust

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    You passed the bar exam and are ready for the character and fitness committee interview. Time to think about how to discuss that minor incident in college, that misdemeanor in high school or that mental health issue that you have totally under control, says Richard Maltz of Frankfurt Kurnit Klein & Selz PC.

  • DOJ's Wire Act Opinion Means Uncertainty For Tribal Gaming

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    While tribes may be split on the U.S. Department of Justice's new interpretation of the Wire Act, they should all note the DOJ's willingness to weigh in on otherwise established gaming laws, say Charles Galbraith and Julian SpearChief-Morris of Kilpatrick Townsend & Stockton LLP.

  • Series

    Judging A Book: Bashant Reviews 'Doing Justice'

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    My initial reaction to "Doing Justice" was that author Preet Bharara may have bitten off more than he could chew — an accusation leveled against him when he served as U.S. attorney for the Southern District of New York — but I found the book full of helpful gems, says U.S. District Judge Cynthia Bashant of the Southern District of California.

  • Firms Can Leverage Communications When Economy Is Slow

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    Though most experts believe that an imminent recession is unlikely, slowdown fears are increasing. Now is the time for firms to consider how to best leverage their communications and marketing teams to lessen impacts from a potential economic slowdown, says Tom Orewyler of Tom Orewyler Communications LLC.

  • Ethical Social Media Marketing For Lawyers

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    Social media presents rich opportunities to reach prospective clients. Attorneys should not let those opportunities pass them by, but they should keep their ethical obligations in mind as they post, says Cort Sylvester of Nilan Johnson Lewis PA.

  • Q&A

    A Chat With Norton Rose Diversity Director Nina Godiwalla

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    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Nina Godiwalla, director of diversity and inclusion at Norton Rose Fulbright.

  • States Face Many Hurdles On The Way To Legal Sports Betting

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    Following the U.S. Supreme Court's ruling last year in Murphy v. National Collegiate Athletic Association, it is possible that almost every state will legalize sports betting. But political and economic factors seem likely to delay legislation, says Aaron Swerdlow of Weinberg Gonser LLP.