Native American

  • September 24, 2021

    Climate Youths Urge No Judgment On Nonprofit Leaving Suit

    Youths suing the federal government over fossil fuel policies endangering their future by contributing to climate change have asked an Oregon federal judge to reject the government's request for a judgment on a nonprofit plaintiff trying to leave the suit.

  • September 24, 2021

    Michigan Asks To Apportion Tax On Keweenaw Bay Tribe

    Michigan has urged a federal judge to tweak his recent ruling that the state can't collect a use tax from the Keweenaw Bay Indian Community and its members for property used within tribal territory, saying the state should be allowed to apportion the tax to collect it from tribal members.

  • September 24, 2021

    California AG Announces Appeal Of Purdue Ch. 11 Plan

    California Attorney General Rob Bonta on Friday became the latest attorney general to announce an appeal of the approval of Purdue Pharma's Chapter 11 plan, saying the OxyContin maker's former owners in the Sackler family must be held accountable for their part in the opioid crisis.

  • September 24, 2021

    GAO Urges Congress To Break Nuclear Fuel Storage Impasse

    Congress needs to take action to break a decades-long stalemate over long-term storage of spent nuclear fuel that has cost billions in taxpayer dollars, according to a new report from the Government Accountability Office.

  • September 24, 2021

    For-Profit Tribal Entities Now Eligible For Development Funds

    For-profit tribal entities fully owned by and made for tribes are now eligible for Public Works and Economic Development Act grants under a new rule published on Friday by the Commerce Department's Economic Development Administration.

  • September 24, 2021

    Navajo Nation, DOI Agree To Remand In 9th Circ. Land Fight

    The Department of the Interior has joined the Navajo Nation in asking the Ninth Circuit to send a land trust dispute back to district court, agreeing that the tribe should be allowed to file an amended complaint against the government.

  • September 23, 2021

    DOI Gets Early Win In Alaska Tribe's Gambling Land Suit

    A D.C. federal judge has rejected an Alaska tribe's bid to secure the right to open a bingo hall on a member's land, saying the U.S. Department of the Interior's disapproval of the request was reasonable and Alaska's congressional representatives didn't illegally sway the decision.

  • September 23, 2021

    CashCall Still Owes $200M After Landmark Liu, 9th Circ. Told

    The Consumer Financial Protection Bureau told the Ninth Circuit during oral arguments Thursday that a recent U.S. Supreme Court decision that held disgorgement awards can't exceed a defendant's net profits doesn't affect whether CashCall Inc. should pay over $200 million in restitution for deceptively collecting on illegal payday loans.

  • September 23, 2021

    Tribes, NCAI Tell 10th Circ. Feds Must Cover Health Costs

    A group of 19 federally recognized tribes and tribal organizations that run Indian Health Services facilities, along with the National Congress of American Indians and other groups, backed the Northern Arapaho Tribe's third-party health care cost appeal at the Tenth Circuit.

  • September 23, 2021

    Ute Tribe Plans To Appeal DC Judge's Water Suit Dismissal

    The Ute Indian Tribe of the Uintah and Ouray Reservation announced Thursday that it plans to appeal a D.C. federal judge's dismissal of its lawsuit claiming the federal government flouted tribal rights for water development projects.

  • September 22, 2021

    Chubb Slams Sweep Of Opioid Defense Order For Rite Aid

    A lower court ruling that Chubb must defend Rite Aid Corp. against Ohio county efforts to recover damages for their responses to the opioid epidemic is "at odds with the law and even at war with itself," an attorney for the insurer told Delaware's Supreme Court on Wednesday.

  • September 22, 2021

    Ojibwe Tribes Say Wisc. Wolf Hunt Steps On Treaty Rights

    Six Ojibwe, or Chippewa, tribes have asked a Wisconsin federal judge to halt an upcoming gray wolf hunt in the state, saying the hunt would violate their treaty rights by allowing non-Indians to kill too many wolves.

  • September 22, 2021

    US Trustee Challenges Constitutionality Of Purdue Releases

    The nondebtor, third-party releases included in Purdue Pharma's Chapter 11 plan are unconstitutional, the U.S. Trustee's Office has argued, asking a New York bankruptcy judge to wait until a higher court rules on the federal watchdog's challenge to the releases.

  • September 22, 2021

    Fla. Businesses Push For Early Win In Tribal Gambling Suit

    Two Florida gambling businesses have urged a D.C. federal judge to grant them an early win in their suit seeking to block the U.S. Department of the Interior's approval of an online gambling compact between the state and the Seminole Tribe, saying the deal is illegal.

  • September 22, 2021

    Tribes Ask Army Corps To Ax DAPL Environment Consultant

    Leaders of the Standing Rock Sioux Tribe, Cheyenne River Sioux Tribe and Oglala Sioux Tribe wrote the U.S. Army Corps of Engineers on Wednesday, asking the agency to fix the Dakota Access oil pipeline's "fatally flawed" environmental review.

  • September 21, 2021

    Nome, Alaska, Opposes Sanctions Over Cop Docs In Bias Suit

    The city of Nome, Alaska, has opposed a call for sanctions over its delays in producing law enforcement records in a racial bias case filed by the American Civil Liberties Union, pointing to a short-staffed police department and the challenges of policing during the COVID-19 pandemic.

  • September 21, 2021

    Ohio Counties Want Unvaxxed Jurors Out Of Opioid MDL Trial

    Two Ohio counties involved in an upcoming bellwether trial against pharmacies in sprawling multidistrict opioid litigation asked an Ohio federal judge on Tuesday to exclude nearly 40 potential jurors who are not vaccinated against COVID-19, saying that allowing unvaccinated jurors to serve on the jury would be likely to disrupt the trial.

  • September 21, 2021

    Wash. Judge Rules Against Lummi Nation In Fishing Dispute

    A Washington federal judge has ruled that certain waters in Puget Sound aren't part of the Lummi Nation's traditional fishing grounds, handing a win to three other tribes that opposed the Lummi tribe's bid to open a crab fishery in the disputed area.

  • September 21, 2021

    Calif. Tribe Drops Suit Over County's Casino Tax Plan

    The Buena Vista Rancheria of Me-Wuk Indians and a California county have agreed to end their dispute in federal court over a contract the tribe said was unlawful because it created an unfair tax arrangement for its recently built casino.

  • September 21, 2021

    Justices Urged To Revive Dakota Access Pipeline Permit

    Owners of the Dakota Access pipeline on Monday urged the U.S. Supreme Court to reverse the invalidation of a key approval for the controversial project, saying the more extensive environmental review ordered by the D.C. Circuit is unwarranted and could stymie U.S. infrastructure development.

  • September 20, 2021

    Tribe-Campsite Lease Row Hangs On Voided Contract

    The Blackfeet Indian Nation has asked a Montana federal judge to toss a campsite operator's lawsuit seeking to arbitrate a lease dispute, but the tribe's argument that the complaint came too late to review the lease cancellation will depend on whether it is found to have been valid at the start of the parties' battle.

  • September 20, 2021

    Sioux School Board Is Immune To Ex-Principal's Firing Suit

    A South Dakota federal judge has tossed a former tribal school principal's suit claiming he was illegally fired as retaliation for his plan to use federal education funding, ruling the school board shared in the Yankton Sioux Indian Tribe's sovereign immunity to suit.

  • September 20, 2021

    Tribe Accuses Seattle Of 'Greenwashing' Hydro Dams' Impact

    The Sauk-Suiattle Indian Tribe in a Washington state court proposed class action has accused Seattle's public utility of misrepresenting itself as the "nation's greenest utility," despite its hydropower dam system contributing to dwindling salmon populations in the region. 

  • September 20, 2021

    Seminole Tribe Immune From Energy Co.'s Fee Dispute

    A Florida federal judge tossed an energy company's suit against the Seminole Tribe of Florida Inc. over allegations that the tribe never paid a termination fee for ending a business agreement early, ruling that the underlying contract didn't explicitly waive tribal sovereign immunity.

  • September 20, 2021

    Judge Limits Stanford Doctor's Testimony In Opioid MDL

    An Ohio federal judge narrowed what a Stanford University doctor will be allowed to testify about when it comes to aspects of opioid pharmacy operations during an upcoming bellwether trial, but she will allow the expert to speak on alleged "red flags" the industry ignored.

Expert Analysis

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Biden Climate Push Means Fossil Fuel Cos. Must Innovate

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    The Biden administration's strong focus on climate change puts unprecedented pressure on oil, gas and coal companies to strategically embrace new clean and low-emission technologies, predict and minimize environmental impacts, and prioritize innovation in order to sustain long-term viability, say attorneys at Akin Gump.

  • EPA, Army Corps Guidance Walks Back Regulatory Certainty

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    Recent guidance from the U.S. Environmental Protection Agency and the U.S. Army Corps of Engineers concerning the 2020 water quality certification rule suggests a return to ill-defined project review timelines that give flexibility to authorities at the expense of transparency and regulatory certainty, say Anna Wildeman and Dave Ross at Troutman Pepper.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Opinion

    High Court's McGirt Ruling Will Not Lead To Disaster

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    Despite contentions that the U.S. Supreme Court's decision in McGirt v. Oklahoma will put substantial burden on the justice system and allow criminals to go unpunished, any potential fallout is surmountable if the state, federal government and tribes cooperate, say Steven Gordon and Philip Baker-Shenk at Holland & Knight.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Gulf Coast Offshore Wind: Opportunities And Challenges

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    A recent announcement from the U.S. Department of the Interior signals opportunities for clean energy developers on the Gulf of Mexico outer continental shelf, but offshore wind projects in the region will still face many environmental and technical hurdles, say attorneys at Shearman.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • How The 'Rocket Docket' Continues To Roar Through COVID

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    While the Eastern District of Virginia rocket docket is no longer the nation's fastest civil trial court, it continues to keep litigation moving efficiently, with pandemic protocols resulting in new benefits for litigants, says Robert Tata at Hunton.

  • Court Challenges, New Regs May Slow Infrastructure Plans

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    The U.S. Senate's passage of the bipartisan infrastructure bill heralds possible opportunities for companies in construction, finance and related sectors — but pending litigation and anticipated revisions to National Environmental Policy Act regulations might further complicate the already convoluted federal approval process for individual projects, say Carla Consoli and James Voyles at Lewis Roca.

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