Native American

  • November 21, 2019

    Tribe Can't Get Immunity In Church Takeover Suit, Judge Told

    A South Florida Haitian Baptist church urged a federal judge not to toss its suit alleging that the Seminole Tribe of Florida interfered with its operations, arguing that the tribe doesn’t have sovereign immunity because the dispute didn’t stem from its commercial activity.

  • November 21, 2019

    Contested 9th Circ., Trial Court Picks Move Forward

    Republicans on the Senate Judiciary Committee advanced two Ninth Circuit picks Thursday despite opposition from home-state Democratic senators, while the chamber's majority leader teed up confirmation votes for eight district court nominees, including one who's drawn bipartisan opposition over her anti-abortion advocacy.

  • November 21, 2019

    Insys Reaches Creditor Deal For Tiered Ch. 11 Recoveries

    Bankrupt opioid maker Insys Therapeutics Inc. told a Delaware bankruptcy judge Thursday that negotiations over the past week had resulted in a deal with its creditors on a Chapter 11 plan that will provide tiered recoveries to claimants in different classes.

  • November 21, 2019

    Tribal College Keeps Immunity Win In 9th Circ. Sex Bias Suit

    The Ninth Circuit has backed a lower court's decision to toss a sex discrimination suit brought against a Montana college by a former school official, agreeing that the college was shielded from the suit as an arm of the Confederated Salish and Kootenai Tribes.

  • November 21, 2019

    No Speedy Victory For Either Side In Pa. Payday Lending Suit

    Neither the Pennsylvania Attorney General’s Office nor the two parties left in its suit over illicit payday loans can resolve claims early in their favor, according to a Pennsylvania federal judge who said that too many disputed issues remained to end the litigation.

  • November 21, 2019

    Tribes Ruled Immune From Countersuit In Mont. Land Dispute

    A Montana county and a local landowner cannot countersue the Confederated Salish and Kootenai Tribes in a land access dispute because the tribes have sovereign immunity, a Montana federal judge has ruled.

  • November 21, 2019

    Tribes Say EPA Shouldn't Revisit Decision On Maine Waters

    The Penobscot Nation and the Houlton Band of Maliseet Indians have pressed a federal judge to halt the U.S. Environmental Protection Agency's review of its 2015 decision on Maine water rules, saying remanding the case to the agency could “reignite disputes that have been put to rest” in the litigation.

  • November 20, 2019

    9th Circ. Will Let Calif. ESA Suit Move Forward In Fed. Court

    The Ninth Circuit overturned a lower court and will let an Endangered Species Act claim brought by a recreation advocacy group proceed against California state officials, deciding that a related matter the group brought in state court didn't stand in the way of the federal suit.

  • November 20, 2019

    EPA Says Regulation Of 'Forever Chemicals' Coming Soon

    The U.S. Environmental Protection Agency said Wednesday it will soon move toward regulating two substances that belong to the family of "forever chemicals" that has sparked waves of litigation across the country.

  • November 20, 2019

    Wis. Towns Can't Dodge Discovery In Tax Row, Tribes Say

    Six Wisconsin cities and towns must fully comply with discovery requests in a suit over property tax collection on tribal lands despite having filed a motion for their dismissal from the suit, several Chippewa tribes have told a federal court.

  • November 20, 2019

    NY Asserts Immunity To Tribal Fishing Rights Suit

    New York has told a federal judge that its sovereign immunity should defeat three Shinnecock Indian Nation members’ suit claiming the state and a county have illegally prosecuted them for fishing near the tribe’s Long Island reservation, while the tribe members argued that state officials aren't entitled to such protection.

  • November 20, 2019

    House Panel Approves Cannabis Tax, Decriminalization Bill

    The House Judiciary Committee cleared legislation Wednesday that would decriminalize cannabis and allow a 5% federal excise tax to be imposed on cannabis products.

  • November 19, 2019

    Gov't Settles Tribal Hospital Birth Injury Suit For $7.5M

    The federal government has agreed to pay $7.5 million to resolve a suit accusing a tribal hospital of causing a newborn’s brain damage and other injuries, according to documents filed Tuesday in Oklahoma federal court.

  • November 19, 2019

    Opioid MDL Judge Plots New Bellwether Trials Across US

    The Ohio federal judge guiding multidistrict opioid litigation on Tuesday singled out numerous cases as good candidates for future bellwether trials, pitting a potpourri of plaintiffs against an assortment of drug companies.

  • November 19, 2019

    House Dems Press Pai On Tribal Spectrum Restrictions

    Five House Democrats questioned FCC Chairman Ajit Pai on Tuesday about why his agency is seeking to reduce the amount of time Native American tribes have to claim spectrum licenses that are being temporarily reserved for them, saying accelerating the deadline would hurt the FCC’s goal of encouraging tribal participation in a planned airways giveaway.

  • November 19, 2019

    New Legislation Aims To Restore Buffalo To Indian Country

    A bipartisan group of Congress members introduced legislation Monday aimed at assisting Native American tribes in the protection and conservation of buffalo.

  • November 19, 2019

    2 Men Arrested In Calif. Tribal Casino Embezzlement Scheme

    California’s attorney general has announced the arrests of a casino floor manager and a patron on charges they ran an embezzlement scheme resulting in the theft of about $200,000 from the Red Hawk Casino, a gambling venue operated by the Shingle Springs Band of Miwok Indians.

  • November 19, 2019

    Purdue Gets OK To Pay States' Costs In Opioid-Related Ch. 11

    A New York bankruptcy judge on Tuesday gave Purdue Pharma permission to pay the expenses of state governments participating in a settlement of claims related to Purdue’s role in the opioid epidemic.

  • November 19, 2019

    Fla. Bills Would Legalize Sports Betting Under State Lottery

    A Florida state senator has introduced legislation that would legalize sports betting in the Sunshine State after a landmark Supreme Court decision struck down long-standing federal restrictions on the practice last year.

  • November 19, 2019

    Cherokee Nation Fights DOI Bid To End Trust Accounting Suit

    The Cherokee Nation has urged a D.C. federal judge not to toss its suit accusing the U.S. Department of the Interior of mishandling the tribe's trust assets, saying the suit is tailored to its situation and the government is trying to resurrect arguments that have been shot down in many similar tribal trust suits.

  • November 19, 2019

    Firm Can't Sue Tribe Or Feds For Fees, DC Circ. Told

    The U.S. Department of Justice has told the D.C. Circuit that sovereign immunity bars a Florida law firm’s efforts to collect from a tribe it formerly represented in a decade-old suit over the federal government's alleged mismanagement of the tribe’s trust funds.

  • November 18, 2019

    Trio Admits To Roles In $5M Tribal Casino Embezzlement Plot

    Three of out eight people charged with helping to embezzle more than $5 million from the Miccosukee Resort & Gaming casino near Miami pled guilty Monday in federal court to playing roles in the alleged theft, which authorities say was achieved by tampering with electronic gambling machines.

  • November 18, 2019

    Quapaw Deals With Feds Made Public After Court's Order

    The Quapaw Nation and tribe members will receive $82 million to settle claims the federal government mismanaged tribal assets, with $137 million more awaiting congressional approval, according to the terms of a settlement filed Friday that the Court of Federal Claims ordered be made public over the government’s objections.

  • November 18, 2019

    Purdue Opioid Claims Need National Fix, High Court Told

    The U.S. Supreme Court has the authority to hear Arizona's unusual proposed complaint aimed at forcing the owners of bankrupt OxyContin seller Purdue Pharma LP to pay back billions of dollars they allegedly raided from the company, the state said Monday.

  • November 18, 2019

    9th Circ. Gives Props To Tribal Courts In Waste Permit Case

    The Ninth Circuit ruled that chemical maker FMC Corp. must cough up $1.5 million in yearly permit fees to store hazardous waste on the Shoshone-Bannock Tribes’ reservation, backing the authority of the tribes' courts to impose the fee and endorsing the fairness of tribal courts generally in handling cases involving nonmembers.

Expert Analysis

  • How To Hire Lateral Partners More Effectively

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    Although lateral partner hiring is the preferred method of inorganic growth among law firms, the traditional approach to vetting does not employ sufficient due diligence by the hiring firm, says Michael Ellenhorn at executive search firm Decipher Competitive Intelligence.

  • Justices' Maui Ruling Could Change Groundwater Permitting

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    Oral arguments at the U.S. Supreme Court in County of Maui v. Hawaii Wildlife Fund raise the possibility that the national permitting system for discharging wastewater into the ground will need to be retrofitted, says Marcia Greenblatt of Integral Consulting.

  • Texas Could Take Page From Mass.'s Judicial Selection Book

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    As Texas and other states review their judicial election processes, they would be well served by taking guidance from Massachusetts' Governor’s Council system, which protects the judiciary from the hazards of campaigning, says Richard Baker of New England Intellectual Property.

  • Series

    Judging A Book: McKeown Reviews 'Conversations With RBG'

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    Reading Jeffrey Rosen’s "Conversations With RBG: Ruth Bader Ginsburg on Life, Love, Liberty, and Law" is like eavesdropping on the author and his subject while they discuss how the restrained judicial minimalist became the fiery leader of the opposition, says Ninth Circuit Judge M. Margaret McKeown.

  • Justices Seek Balance In Clean Water Act Case Arguments

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    In last week’s U.S. Supreme Court oral arguments in County of Maui v. Hawaii Wildlife Fund, justices searched for a standard for controlling indirect discharges to navigable waters that could prevent evasion of water quality protections without significantly expanding federal permitting requirements, say Ashley Peck and Alison Hunter of Holland & Hart.

  • Industrial Hemp Could Save American Agriculture

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    For American farmers who have suffered through years of trade war tariffs and catastrophic weather, the new federally regulated industrial hemp production program offers much needed hope of new agricultural opportunity, says Richard Blau of GrayRobinson.

  • FERC Aims For A Better Tribal Consultation Process

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    The Federal Energy Regulatory Commission's recent amendments to its Policy Statement on Consultation with Indian Tribes in Commission Proceedings show the agency's commitment to consideration of tribal input in its decision-making, including on hydroelectric licensing, say Jody Cummings and Monique Watson of Steptoe & Johnson.

  • Opinion

    Time To Implement Economic Regulatory Reform For Tribes

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    The Trump administration should reform anachronistic and paternalistic tribal laws by establishing the Regulatory Reform and Business Development on Indian Lands Authority, which Congress laid the groundwork for almost two decades ago, say Robert Porter of Capitol Hill Policy Group and Paul Moorehead of Powers Pyles.

  • Opinion

    Flat-Fee Legal Billing Can Liberate Attorneys

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    Replacing hourly billing with flat-fee arrangements, especially for appellate work, will leave attorneys feeling free to spend as much time as necessary to produce their highest quality work, says Lawrence Ebner of Capital Appellate Advocacy.

  • Spoliation Rule Remains Ambiguous Despite Amendments

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    Although the Federal Rules of Civil Procedure were amended to provide a uniform standard of culpability for spoliation, cases with similar facts are still reaching differing results because the rule does not specify how a court should evaluate a party's intent, say attorneys at Pepper Hamilton.

  • Assessing USDA Hemp Rule's Impact On Cannabis IP

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    Following the U.S. Department of Agriculture's Oct. 29 rule establishing a regulatory framework for hemp production, industry players are increasingly seeking to fortify their business plans with intellectual property, whether to secure a competitive edge or increase company valuation, says Pauline Pelletier of Sterne Kessler.

  • 5 Trends Influencing RFPs For Law Firms

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    Requests for proposals, the standard tool of companies evaluating law firms, are becoming better suited to the legal industry, says Matthew Prinn of RFP Advisory Group.

  • MDLs Are Redefining The US Legal Landscape

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    With last week’s settlement of a bellwether case in the national prescription opiate multidistrict litigation as one example, a shift toward more expeditious and individualized MDLs is taking place, with the potential to effect profound change in the U.S. legal space, say Alan Fuchsberg and Alex Dang of the Jacob Fuchsberg Law Firm.

  • Series

    Why I Became A Lawyer: Being There For Families In Trouble

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    My parents' contentious, drawn-out divorce was one of the worst experiences of my life. But it taught me how to be resilient — and ultimately led me to leave corporate litigation for a career in family law, helping other families during their own difficult times, says Sheryl Seiden of Seiden Family Law.

  • Best Practices For US-Canada Virtual Mass Tort Teams

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    In mass tort litigation, defendants sometimes find themselves litigating similar claims in the U.S. and Canada, but extending a virtual law team across the border raises collaboration challenges for American and Canadian counsel, who find themselves on very different playing fields, say attorneys at Fasken, Eli Lilly and FaegreBD.