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Native American
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November 10, 2025
Kalshi, Robinhood Beat Tribes' Bid To Block Events Contracts
A California federal judge declined to issue a preliminary injunction on Monday blocking prediction platform Kalshi and Robinhood from offering their sports event contracts that some Native American tribes allege constitute illegal gambling, saying they have not shown how the platforms are subject to a statute protecting tribal gaming.
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November 10, 2025
'Legal Fiction' May Doom Rastafarian's Haircut Suit
The U.S. Supreme Court appeared to doubt Monday that a Rastafarian could hold Louisiana prison guards personally responsible for allegedly violating his religious rights when they forcibly shaved off his dreadlocks, with the justices splitting ideologically over whether a federal law gave the guards enough warning about their potential liability.
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November 10, 2025
10th Circ. Denies Rehearing In Native Activist's Assault Case
The Tenth Circuit denied a government petition on Friday to hold an en banc rehearing over a circuit panel's decision in June to overturn a Muscogee (Creek) Nation member's simple assault conviction.
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November 10, 2025
Judge Ends Stay In Modoc Nation's $14.6M Fraud Lawsuit
An Oklahoma federal judge has lifted a pause in the Modoc Nation's $14.6 million lawsuit against a computer management company after the Tenth Circuit determined the tribe's former attorney general isn't entitled to sovereign immunity in the dispute.
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November 10, 2025
Judge Rejects Tribe's Bid To Block Tulsa's Jurisdiction Claims
An Oklahoma federal judge has refused the Muscogee (Creek) Nation's bid to block Tulsa County's district attorney from exercising criminal jurisdiction on its reservation, ruling that the tribe fails to show a strong likelihood of success on the merits of its suit.
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November 10, 2025
Pepsi Bottling Partner, CLF Settle Suit Over Pollution Claims
A Massachusetts bottler of Pepsi products has agreed to contribute nearly $500,000 to a project that will monitor water quality and conduct restoration efforts in several northern Massachusetts waterways to settle claims that they were polluted by discharge and runoff from the plant, according to a proposed settlement filed in federal court.
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November 10, 2025
Gorsuch, Thomas Urge Revisit Of Tribal Power Precedent
U.S. Supreme Court Justices Neil Gorsuch and Clarence Thomas say the high court should correct its 19th century decision that gave federal power over tribal affairs, arguing that the precedent is a theory void of any constitutional foundation and that its roots lie only in archaic prejudices.
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November 07, 2025
Up Next At High Court: Religious Rights & Gov't Contracts
The U.S. Supreme Court will return Monday for a short week of arguments, in which the justices will consider whether state and local government officials can be held personally liable for alleged religious rights violations, and whether government contractors are entitled to immediately appeal denials of derivative sovereign immunity.
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November 07, 2025
Supreme Court Temporarily Pauses Full SNAP Payments
The U.S. Supreme Court Friday evening temporarily paused a Rhode Island federal judge's orders compelling the Trump administration to fully fund November Supplemental Nutrition Assistance Program benefits and transfer roughly $4 billion by the end of the day, hours after the First Circuit denied the administration's emergency request.
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November 07, 2025
4th Circ. Opioid Case Brings Public Nuisance Back To The Fore
The Fourth Circuit's ruling that upturned a lower court win for drug distributors in a battle with the West Virginia county at the epicenter of the opioid epidemic was a blast from the past from the fever pitch of courtroom battles over the national crisis just a few years ago.
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November 07, 2025
Smoke Shop Sanctioned Tossing Sale Docs In NY Tribal Row
After destroying sales records daily over the course of three years, the retailers accused by the Cayuga Nation of running an unauthorized cannabis shop will face sanctions, a New York federal judge ruled, calling their behavior "grossly negligent and likely willful."
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November 07, 2025
Ex-Exec Of Cannabis Co. Wins $104M Over Canceled Stock
A New Mexico jury has awarded over $104 million to a businessman it found was wrongly stripped of his 5 million shares of bankrupt cannabis processor Bright Green after a handshake deal to bring him on as CEO fell apart.
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November 07, 2025
Justices Cast Constitutional Clouds Over Trump's Tariffs
Several U.S. Supreme Court justices appeared skeptical of the government's arguments seeking to salvage President Donald Trump's emergency tariffs, signaling that the high court may come down with a ruling that reinforces Congress' constitutional authority to impose tariffs.
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November 07, 2025
Alaskan Tribes Demand Halt To Canada Mining Permits
Alaskan native tribes are pushing government officials in British Columbia, Canada, to halt progress on mining projects in the headwaters of rivers the tribes say they rely on until they are consulted.
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November 07, 2025
9th Circ. Sides With Calif. In Tribal Cigarette Tax Fight
The Ninth Circuit on Friday backed California in a dispute it brought to enforce cigarette taxes against a tobacco company owned and operated by a federally recognized Native American tribe, holding that the tribal leader defendants can't claim sovereign or qualified immunity exempts them from the federal tax law.
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November 07, 2025
New York Tribe Looks To Reverse Fishing Rights Decision
Members of the Shinnecock Indian Nation are asking a New York federal court to reconsider an order that determined they don't have state regulation-free fishing rights off the shores of Long Island, saying it failed to consider U.S. Supreme Court precedent that allows coexistence.
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November 06, 2025
'Restore Coherence': Trump Admin Told To Fully Fund SNAP
The Trump administration must fund the Supplemental Nutrition Assistance Program in full this month, a Rhode Island federal judge ruled Thursday while admonishing the government for "entrenching delay" of benefits for the 42 million low-income Americans who rely on food assistance.
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November 06, 2025
Tribes, Activists Slam Plan To End Park Drilling Protections
Tribal and environmental groups are decrying a Trump administration decision to begin revoking a 20-year ban on future oil and gas drilling within 10 miles of New Mexico's Chaco Culture National Historical Park, saying the mining activity will have a devastating impact on the land's health.
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November 06, 2025
Social Media Apps Must Face Jury After Section 230 Loss
A California state judge refused Wednesday to grant social media companies summary judgment on claims their platforms harm young users' mental health, again rejecting arguments that Section 230 of the Communications Decency Act shields them from liability, and sent three cases to bellwether trials, with the first to begin Jan. 27.
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November 06, 2025
SD Tribe Says Time Is Right To Fight Dakota Access Pipeline
The Standing Rock Sioux Tribe is asking the D.C. Circuit to reverse a lower court's order dismissing its challenge that looked to shut down the Dakota Access Pipeline, telling the court it is presenting a live, justiciable controversy regarding the federal government's failure to fulfill mandatory statutory obligations.
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November 06, 2025
Judge Backs $68M Army Support Services Award To DNI
A Court of Federal Claims judge affirmed the U.S. Army's decision to award a $68 million systems engineering support deal to DNI Emerging Technologies LLC, ruling that an incumbent contractor's protest failed to raise any reason to disturb it.
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November 06, 2025
FEMA Says States 'Mistaken' On Disaster Mitigation Program
The Federal Emergency Management Agency on Wednesday urged a Massachusetts federal judge to throw out a lawsuit by 22 states and the District of Columbia over the future of a program that funds infrastructure-hardening projects to mitigate the effects of natural disasters.
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November 05, 2025
Lumbee Act Faces Senate Scrutiny Amid Tribal Identity Debate
Generations of ancestors and lawmaker allies have come and gone as the Lumbee Tribe has sought federal recognition, its chairman told the U.S. Senate Indian Affairs Committee on Wednesday, arguing that legislation for the status has been introduced 13 times and its passage is long overdue.
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November 05, 2025
Kalshi, Robinhood Say Tribes' Gaming Law Case Lacks Merit
Kalshi and Robinhood have told a California federal judge that Native American tribes in the state can't bring claims that the trading platforms ran a criminal racket and flouted laws protecting tribal gaming by offering their sports event contracts, since the wagers are ultimately overseen by federal commodity laws.
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November 05, 2025
Fruit Co. Must Face Tribe's Pollution Suit, Mich. Judge Rules
A Michigan federal judge on Tuesday said a fruit and vegetable company can't dodge a Native American tribe and two environmental groups' claims it unlawfully contaminated nearby wetlands with polluted wastewater discharges.
Expert Analysis
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Series
Adapting To Private Practice: From Va. AUSA To Mid-Law
Returning to the firm where I began my career after seven years as an assistant U.S. attorney in Virginia has been complex, nuanced and rewarding, and I’ve learned that the pursuit of justice remains the constant, even as the mindset and client change, says Kristin Johnson at Woods Rogers.
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7 Document Review Concepts New Attorneys Need To Know
For new associates joining firms this fall, stepping into the world of e-discovery can feel like learning a new language, but understanding a handful of fundamentals — from coding layouts to metadata — can help attorneys become fluent in document review, says Ann Motl at Bowman and Brooke.
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Agentic AI Puts A New Twist On Attorney Ethics Obligations
As lawyers increasingly use autonomous artificial intelligence agents, disciplinary authorities must decide whether attorney responsibility for an AI-caused legal ethics violation is personal or supervisory, and firms must enact strong policies regarding agentic AI use and supervision, says Grace Wynn at HWG.
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Series
Being A Professional Wrestler Makes Me A Better Lawyer
Pursuing my childhood dream of being a professional wrestler has taught me important legal career lessons about communication, adaptability, oral advocacy and professionalism, says Christopher Freiberg at Midwest Disability.
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Series
Law School's Missed Lessons: Adapting To The Age Of AI
Though law school may not have specifically taught us how to use generative artificial intelligence to help with our daily legal tasks, it did provide us the mental building blocks necessary for adapting to this new technology — and the judgment to discern what shouldn’t be automated, says Pamela Dorian at Cozen O'Connor.
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Ch. 11 Ruling Voiding $2M Litigation Funding Sends A Warning
A recent Texas bankruptcy court decision that a postconfirmation litigation trust has no obligations to repay a completely drawn down $2 million litigation funding agreement serves as a warning for estate administrators and funders to properly disclose the intended financing, say attorneys at Kleinberg Kaplan.
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Demystifying The Civil Procedure Rules Amendment Process
Every year, an advisory committee receives dozens of proposals to amend the Federal Rules of Civil Procedure, most of which are never adopted — but a few pointers can help maximize the likelihood that an amendment will be adopted, says Josh Gardner at DLA Piper.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Definitions Of 'Waters Of The United States' Ebb And Flow
The issue of defining whether "waters of the United States" include streams and channels that sometimes have water and sometimes do not has been fraught since the U.S. Supreme Court's 2006 Rapanos decision, but a possible new rule may help property owners stay out of court, says Neal McAliley at Carlton Fields.
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Unpacking A New Era of Compliance For Submarine Cables
After decades of operating under its old regulatory framework, the Federal Communications Commission has modernized its oversight of submarine cable infrastructure, which presents a complex array of legal and policy challenges, including heightened national security vulnerabilities, say attorneys at Troutman.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.