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Native American
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May 08, 2025
Colo. Court Sets Next Toxic Tort Bellwether For January
Two more plaintiffs suing a Colorado medical sterilization company will try their claims that emissions from the company's facility caused their cancer, during a second bellwether trial to begin in January 2026, according to a Colorado state judge's order Thursday.
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May 08, 2025
Trump Admin Defends Gov't Restructuring As Lawful
The Trump administration defended what it says is a lawful executive order looking to reorganize agencies and terminate workers, telling a California federal judge that unions, nonprofits and local governments "waited far too long" to seek a temporary restraining order.
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May 08, 2025
Albertsons Says Counties Have 'Paradoxical Status' In MDL
A group of pharmacies led by Albertsons Cos. Inc. have told the Texas Supreme Court that two counties can't assert claims against them in the state's opioid multidistrict litigation while simultaneously denying they qualify as claimants.
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May 08, 2025
Feds Secure Short-Term Agreements For Colo. River System
The U.S. Department of the Interior has negotiated the extensions of 18 conservation agreements with stakeholders as part of a plan to conserve water along the Colorado River in California and Arizona.
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May 08, 2025
Judge Asks DOJ To Define DEI In Health Grant Case
A Massachusetts federal judge on Thursday ordered U.S. Department of Justice lawyers to provide the Trump administration's definitions of diversity, equity and inclusion, saying he needs to know so he can consider whether that is a valid basis for pausing federal health research grants.
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May 07, 2025
Calif. Tribe Says State's Overcharges Void Gaming Compact
A California tribe is asking a federal court to declare that its gaming compact is unenforceable, arguing that it has paid millions more into special funding programs than the state's actual annual cost of regulating its Class III gaming operations.
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May 07, 2025
Top Groups Lobbying The FCC
The Federal Communications Commission heard from advocates dozens of times throughout April about their concerns, from T-Mobile's planned takeover of UScellular's wireless operations to Native American tribes' needs for licensed spectrum, phone "unlocking" mandates to spur competition, satellite power limits and more.
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May 07, 2025
Muscogee Nation Court To Hear Citizenship Case Arguments
The Muscogee (Creek) Nation Supreme Court is set to hear arguments in June in a dispute over whether descendants of those once enslaved by the tribe are entitled to citizenship after a nearly yearlong pause in the case.
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May 06, 2025
Group Says $1.6M Funding Cut Derails Native History Efforts
The National Congress of American Indians says a recent $1.6 million funding cut to Native American boarding school research by the Trump administration will derail efforts to document the history of Indigenous communities, survivors and those who never made it home.
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May 06, 2025
Fed Lawmakers Demand Halt On Cuts Affecting Tribal Health
A bipartisan group of U.S. senators is urging U.S. Department of Health and Human Services Secretary Robert F. Kennedy Jr. to halt any further actions that would affect tribal healthcare and to ensure necessary resources and staffing to fully deliver services for American Indians and Alaska Natives.
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May 06, 2025
Freedmen Descendant Can't Redo $90M Cherokee Nation Suit
A D.C. federal judge has refused to reconsider his decision favoring the Cherokee Nation in a case brought by a descendant of the Freedmen, people of African descent who were once enslaved by the tribe, saying she has failed to argue anything new.
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May 06, 2025
EPA Urges DC Circ. To Block Climate Change NGO Grants
The U.S. Environmental Protection Agency asked the D.C. Circuit to allow it to restart its effort to reclaim billions of dollars in congressionally approved funding for nonprofits the Biden administration picked to carry out climate change projects.
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May 06, 2025
NY School District Asks Feds To Intervene In Mascot Dispute
A school district in New York, which is suing the state over a new rule forcing it to change its "Chiefs" mascot, has requested that the federal government immediately intervene in the case due to impending deadlines, saying the ban threatens to erase its history and traditions.
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May 05, 2025
DC Circ. Judge Doubts Fla. Plan To Permit Clean Water
At least one D.C. Circuit judge came to the table Monday morning extremely skeptical about the government's argument to restore the U.S. Environmental Protection Agency's approval of Florida's plan to assume control of a Clean Water Act permitting program, and she wasn't pulling any punches.
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May 05, 2025
Gaming Operator Can't Undo Minn. Immunity Order, Court Told
Minnesota tribal casinos executives are urging a federal court to deny a motion by a commercial casino and horse racetrack operator to revisit an order dismissing its Class III lawsuit on sovereign immunity grounds, saying "the bitter competitor" ignores settled law to try and cure its "incurably defective action."
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May 05, 2025
Feds Say Calif. Tribe's Challenge To Cig Ruling Is 'Fruitless'
The federal government is urging a California federal court not to pause a ruling affirming the Bureau of Alcohol, Tobacco, Firearms and Explosives' decision to place a native tribe on a noncompliance list over cigarette sales, saying the tribe shouldn't be able to upend the status quo as it pursues a "fruitless" appeal to the Ninth Circuit.
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May 05, 2025
California Sues Feds Over Koi Nation Land Trust Approval
California Gov. Gavin Newsom is asking a federal court to vacate a Department of the Interior decision to take 70 acres into trust for the construction of a proposed hotel and casino by the Koi Nation, arguing that without reversal, the state may forfeit any regulatory control over gaming on the site.
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May 05, 2025
Minn. Tribe Looks To Weigh In On 3,000-Acre Land Trust Row
The Mille Lacs Band of Ojibwe has asked a Minnesota federal judge to let it file a friend of the court brief in a county's case claiming the U.S. government wrongly accepted more than 3,000 acres of land into trust for the tribe.
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May 05, 2025
Purdue Tells Justices 'Rigid' Fed. Circ. Rule Threatens Patents
Bankrupt OxyContin-maker Purdue Pharma LP wants the U.S. Supreme Court to revive its legal effort to use patent laws to block the release of a competing "crush-resistant" generic painkiller, challenging a Federal Circuit decision that Purdue calls too "rigid."
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May 05, 2025
States Sue Trump Over Halt On Wind Energy Projects
A coalition of states led by New York on Monday challenged President Donald Trump's executive order indefinitely freezing the federal review and permitting of wind energy projects, saying the move has created "an existential threat to the wind industry."
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May 02, 2025
9th Circ. Says USFS Must Reassess Wash. Forest Fire Plan
A Ninth Circuit panel partly sided with a conservation group Friday in a challenge of a federal forest restoration project, finding the U.S. Forest Service should've considered the potential impacts of a nearby project that took shape after a 2021 wildfire before approving the proposal.
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May 02, 2025
Feds Expand Hunting, Fishing Access In 16 Wildlife Refuges
The federal government is proposing to expand hunting and fishing access on more than 87,000 acres within the 11 states in national wildlife and fish hatchery systems, saying on Friday the move would more than triple the number of opportunities for outdoor recreation.
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May 02, 2025
DOGE Takes Social Security Data Access Fight To High Court
The Social Security Administration asked the U.S. Supreme Court on Friday to lift a Maryland federal judge's order that limits the Department of Government Efficiency's access to millions of Americans' data, in the first high court case involving the supposed fraud-busting actions of Elon Musk's group.
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May 02, 2025
Real Estate Recap: Budget Cuts, Student Housing, Old Malls
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including real estate takeaways from President Donald Trump's proposed federal budget cuts and two asset classes attracting attention.
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May 02, 2025
Trump Proposes Billions In Cuts To EPA State Grant Programs
The U.S. Environmental Protection Agency would lose more than half of its funding compared with 2025 under the 2026 budget request released Friday by the Trump administration, with proposed cuts to drinking water infrastructure grants for states amounting to $2.4 billion.
Expert Analysis
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.