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Native American

  • November 13, 2018

    Fed. Circ. Won't Restore Allergan's Restasis Patent Claims

    The Federal Circuit on Tuesday declined to restore invalidated patent claims for Allergan Inc.’s dry-eye drug Restasis, delivering a fresh boost to proposed generics of the blockbuster eye-drop medicine.

  • November 13, 2018

    BIA Urges Nixing Of Calif. Group's Tribal Recognition Suit

    The U.S. Bureau of Indian Affairs reiterated Tuesday its quick-win request in the Tolowa Nation’s suit asking a California federal court for federal recognition, saying the agency's decision that the group didn’t meet the requirements for the designation wasn’t “arbitrary or capricious.”

  • November 13, 2018

    Gaming Co. Urges No Stay For Tribal Casino Suit Appeal

    JW Gaming has urged a California federal judge to toss Pinoleville Pomo Nation members' request that he delay proceedings in the company's suit accusing them of tricking it into investing in a sham casino project, saying the members are unlikely to succeed in their appeal claiming tribal sovereign immunity.

  • November 13, 2018

    Feds Seek End To Tribes' Suit Over Copper Mine Approval

    The federal government has asked an Arizona federal judge for a quick win in a suit brought by three Native American tribes challenging the U.S. Forest Service’s decision to greenlight a planned copper mine, saying the agency’s regulations don’t let it block mining even if it could damage tribal cultural sites.

  • November 13, 2018

    Wis. Village Says Oneida Reservation No Longer Exists

    A Wisconsin village said Monday the federal government is wrong to side with the Oneida Nation in its challenge to permitting requirements for an apple festival, telling a Wisconsin federal court that thanks to allotments of tribal land allowed under federal law the reservation has been diminished to the point of non-existence.

  • November 9, 2018

    What To Know After Court Dumps Keystone XL Approval

    A Montana federal judge on Thursday vacated the presidential, cross-border permit for the Keystone XL pipeline and halted work on the controversial project until the U.S. Department of State crafts an environmental review that complies with federal law, casting fresh doubt on the project's future. Here are four key takeaways from the court's ruling.

  • November 9, 2018

    HHS Must Pay Facility Costs To Alaska Tribal Health Org

    A D.C district judge has ruled that the U.S. Department of Health and Human Services must pay certain facility costs under a contract with a tribal health organization in Alaska to provide substance abuse treatment, but sent the case back to the agency to determine how much of the $467,000 the nonprofit is seeking it should receive.

  • November 9, 2018

    Energy Groups Can Intervene In Calif., NM Methane Suit

    Two trade groups have won their bid in California federal court to intervene in California and New Mexico's suit against the U.S. Department of the Interior challenging its decision to cut the amount of methane that oil and gas companies can release on federal and Native American lands.

  • November 9, 2018

    Judge OKs Release Of Market Share Data In Opioid MDL

    The Ohio federal judge overseeing massive multidistrict litigation over the nation's opioid crisis granted a request by lead attorneys for local governments to distribute market share data, from a federal database, of opioid sales to counties and other entities.

  • November 9, 2018

    Wis. Tribe Appeals Gambling Compact Suit At DC Circ.

    The Forest County Potawatomi Community is appealing to the D.C. Circuit a lower court's ruling backing a federal government decision that nixed, due to competitive concerns, a 2014 amendment favoring the tribe's gambling compact with Wisconsin under the Indian Gaming Regulatory Act.

  • November 8, 2018

    DOI Rebuts Tribe's Political Pressure Claims Over Casino

    The U.S. Department of the Interior has urged a D.C. federal court to reject proposed new claims in a suit by Connecticut and the Mashantucket Pequot Tribal Nation over their gambling agreement, saying they hadn’t shown that federal lawmakers or a White House official improperly influenced the DOI’s decision not to approve agreement changes needed for a casino project.

  • November 8, 2018

    Mich. Cities, Counties Push To End Tribe's Boundary Suit

    A group of Michigan cities and counties pressed a federal court Wednesday to end a suit by the Little Traverse Bay Bands of Odawa Indians seeking recognition by the state of its reservation boundaries, saying the tribe’s recent arguments regarding its treaties don't jibe with its earlier claims in the litigation.

  • November 8, 2018

    9th Circ. Won't Revisit Ruling On VA Compensation For Tribe

    The Ninth Circuit on Thursday refused a Native American tribe’s request that it review a circuit panel ruling that it has no jurisdiction over government health care cost reimbursements for the tribe’s veterans.

  • November 8, 2018

    EPA's Guidance Kills Hydrofluorocarbon Rule, States Say

    The U.S. Environmental Protection Agency's guidance on implementing an Obama-era rule restricting hydrofluorocarbon use after the D.C. Circuit vacated parts of it violates the Clean Air Act because it effectively nullifies the entire rule, several states and the Natural Resources Defense Council told the circuit court Wednesday.

  • November 8, 2018

    Tribe Appeals Mich. Gov.'s Win Over Casino Land

    The Bay Mills Indian Community has filed a notice of appeal against Michigan Gov. Rick Snyder at the Sixth Circuit, challenging his win in a lower court ruling that the state's Indian Land Claim Settlement Act does not let the tribe automatically conduct gambling on land that it bought.

  • November 7, 2018

    1st Native American Women Join House Amid Dem Takeover

    Pueblo of Laguna member Deb Haaland and Ho-Chunk Nation member Sharice Davids will become the first Native American women to serve in Congress following their election Tuesday as part of the Democratic surge to a majority in the U.S. House of Representatives.

  • November 7, 2018

    Navajo Man Wins County Board Seat After Redistricting Suit

    Navajo Nation member and activist Willie Grayeyes won a seat on the San Juan County Commission in Utah in Tuesday's elections, following litigation that forced the county to use revised election districts in a dispute over racial gerrymandering, as well as a separate suit to allow Grayeyes to compete in the election.

  • November 7, 2018

    Local Gov'ts Press For Opioid Market Share Data

    Lead attorneys for local governments suing over the opioid crisis on Wednesday told the Ohio federal judge overseeing the multidistrict litigation that since the U.S. Department of Justice does not oppose releasing market share data from a federal database of opioid sales, opioid makers and distributors have no grounds to oppose it either.

  • November 7, 2018

    Disney, Seminoles Win As Fla. Voters Limit Casino Growth

    Entertainment giant The Walt Disney Co. and the Seminole tribe of Florida have claimed a win as voters in the Sunshine State approved a constitutional amendment that gives them the right to block the expansion of casino gambling.

  • November 7, 2018

    9th Circ. Won't Rethink Ruling Against Tribal Bingo Website

    The Ninth Circuit on Wednesday said it won’t rethink a circuit panel ruling that backed a lower court’s decision to shut down the Desert Rose Bingo website, rejecting the Iipay Nation of Santa Ysabel’s contention that its site didn’t violate the Unlawful Internet Gambling Enforcement Act.

Expert Analysis

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • State Net

    How The States Fared In The Midterms

    Lou Cannon

    Lou Cannon, editorial adviser and columnist at LexisNexis State Net Capitol Journal, dissects the results of the governor’s races and state legislative chambers in the 2018 midterm elections.

  • Pharmaceutical Warnings: A Changing Landscape

    Chris Essig

    Pharmaceutical warnings and the way they are regulated and litigated are evolving. Brand-name manufacturers face failure-to-warn suits for generic versions of their products, while generic companies may soon have to update warnings on drugs for which there are no longer brand-name versions, say Chris Essig and Schuyler Ferguson of Winston & Strawn LLP.

  • Q&A

    Back To School: Yale's Linda Greenhouse Talks Journalism

    Linda Greenhouse

    In this series featuring law school luminaries, Yale Law School lecturer and Pulitzer Prize-winning reporter Linda Greenhouse discusses her coverage of the U.S. Supreme Court, the conservatives' long game and trends in journalism.

  • Opinion

    Celebrate Veterans By Improving Their Access To Justice

    Linda Klein

    Attorneys should think beyond the Veterans Day parades and use their time and talents to help the many veterans facing urgent legal issues, says Linda Klein of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Opinion

    Time To Reclaim Wellness For All Lawyers

    Leesa Klepper

    The decision last month by Baker McKenzie’s global chairman to step down due to exhaustion indicates that the legal profession needs to mount a broader wellness effort to address long hours, high stress, frequent travel and the daily demands of practice, says Leesa Klepper, director of Thrivewell Coaching.

  • 2 Possible High Court Approaches To Tribe Tax Dispute

    Catherine Munson

    Based on last week's oral arguments in Washington v. Cougar Den, it's likely that the outcome will turn on whether the U.S. Supreme Court considers Washington's fuel tax to be on the possession of fuel, or on the Yakama Nation's importation of fuel, say Catherine Munson and Rachel Saimons of Kilpatrick Townsend & Stockton LLP.

  • Protecting Law Firm Talent At Both Ends

    Susan Blakely

    By 2030, it is possible that 75 percent of lawyers practicing in the U.S. will be millennials. A broadened focus on retention and advancement of all young lawyers is therefore a logical step forward but it fails to address another major retention issue that law firms should explore, says Susan Smith Blakely of LegalPerspectives LLC.

  • Q&A

    Wendy Olson Talks Twin Falls, Tribes, Private Practice

    Wendy Olson

    Former U.S. Attorney for the District of Idaho Wendy Olson discusses her decades of experience prosecuting white collar crimes and civil rights violations, her work and challenges as U.S. attorney, and her move to private practice.

  • How SUPPORT Will Affect Pharma Interactions With DEA

    Jodi Avergun

    While the SUPPORT Act is largely directed at treatment and prevention, it contains several momentous provisions for companies that manufacture, distribute or dispense opioid medications. Interestingly, the act also imposes significant analytical and reporting hurdles on the U.S. Drug Enforcement Administration, says Jodi Avergun of Cadwalader Wickersham & Taft LLP.