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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The House Judiciary Committee cleared legislation Wednesday that would decriminalize cannabis and allow a 5% federal excise tax to be imposed on cannabis products.
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.
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.
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.
A bipartisan group of Congress members introduced legislation Monday aimed at assisting Native American tribes in the protection and conservation of buffalo.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.