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Native American
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October 29, 2025
Creek Board Fights Contempt Bid Over Citizenship Delay
The Creek Nation Citizenship Board says it has not had time to comply with a tribal Supreme Court order that gave citizenship rights to two members of the Muscogee Creek Freedmen Band, arguing that their bid for contempt is unnecessary.
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October 28, 2025
New Frank's Landing Council Asks To Halt State Court Actions
Newly appointed council members of a self-governing dependent Native American community, who sued a Washington court clerk to stop her from asserting jurisdiction in an underlying lawsuit about supervision of a school in Indian Country, asked a federal judge to order her to cease performing ministerial duties for now.
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October 28, 2025
Trump Admin Ordered To Halt Some Shutdown-Linked Layoffs
A California federal judge on Tuesday granted a preliminary injunction to eight unions for federal workers who lost their jobs during the government shutdown, saying they were likely to succeed on their claims that the Trump administration's actions were "political retribution" and unlawful.
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October 28, 2025
Green Groups Ask DC Circ. To Revive Climate Grant Class Suit
Green groups and local governments are asking the D.C. Circuit to revive their now-dismissed proposed class action accusing the Trump administration of illegally terminating a $3 billion environmental justice block grant program.
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October 28, 2025
26 AGs Sue USDA Over Suspension Of Nutrition Benefits
The U.S. Department of Agriculture's decision to suspend Supplemental Nutrition Assistance Program benefits amid the ongoing government shutdown is an abuse of discretion that threatens to take food away from millions of people, according to a lawsuit filed Tuesday by 25 states and the District of Columbia.
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October 28, 2025
4th Circ. Overturns Landmark W.Va. Opioid Verdict
The Fourth Circuit on Tuesday overturned a key ruling by a West Virginia judge in the first federal bellwether in multidistrict opioid litigation that went in favor of the country's three biggest drug distributors, finding that the oversupply of opioids can create a public nuisance.
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October 28, 2025
Siletz Tribe Urges High Court To Reject Chinook Recognition
The Confederated Tribes of Siletz Indians is urging the U.S. Supreme Court to deny a fellow Oregon tribe's petition, saying that if the justices reverse a Ninth Circuit decision on federal recognition, it would have severe adverse consequences for its legal status and rights.
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October 27, 2025
Oregon Tribes, Feds Settle With Cos. In Pollution Dispute
A federal judge has granted a motion by the U.S. government and Oregon as well as a number of tribes seeking approval of two settlement agreements that would resolve their Superfund lawsuit against a slew of companies that allegedly polluted the Willamette River.
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October 27, 2025
Feds Fight Union Bid To Protect Jobs During Gov't Shutdown
The Trump administration is fighting a group of unions' request for a California federal judge to block the government from laying off federal workers during the shutdown, saying the injunction request from eight unions is far too broad.
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October 27, 2025
Native Activist Urges 10th Circ. To Deny Gov't Rehearing Bid
A Muscogee (Creek) Nation member is asking the Tenth Circuit to deny a full-panel rehearing bid by the federal government that looks to undo the appellate court's decision to overturn his simple assault conviction, arguing that prosecutors cannot get past exceptions to the Major Crimes Act.
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October 27, 2025
Exxon Sues Calif. Over Climate Disclosure Laws
Exxon Mobil Corp. is suing California over state laws the company says violate its First Amendment rights by forcing it "to serve as a mouthpiece" for ideas it disagrees with, including that large companies are uniquely responsible for climate change.
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October 27, 2025
Senate Bill Would Let US Marshals Aid Tribal Law Enforcement
Two U.S. senators have introduced legislation that will give the U.S. Marshals Service the authority to help tribal law enforcement agencies track down individuals with violent felony arrest warrants and search for missing children.
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October 24, 2025
Mining Co. Denied Access To Tribal Docs In Minn. Land Row
A Minnesota federal magistrate judge has denied a request for discovery by Northshore Mining Co. against the Fond du Lac Band of Lake Superior Chippewa Indians in the tribe's lawsuit over a land exchange, saying the tribe did not cause any unreasonable delays that require discovery.
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October 24, 2025
DOE's Wright Urges FERC To Boost Data Center Grid Access
U.S. Department of Energy Secretary Chris Wright is pressing the Federal Energy Regulatory Commission to enact rules to speed up the connection of data centers to the grid, claiming the agency has the federal authority to do so.
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October 24, 2025
Judge Backs DOI, Calif. Tribe In $21M Waste Lease Dispute
A federal judge has given a quick win to the U.S. Department of the Interior and a California tribe in a challenge by a waste management company over a decision to cancel its 25-year project lease, saying the determination was not arbitrary or capricious.
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October 24, 2025
Robinhood Calls Mass. Enforcers' Kalshi Suit A 'Threat'
Investment platform Robinhood told a federal judge it is entitled to pursue a declaratory judgment to avert actual and potential harm caused by a Massachusetts regulator's separate lawsuit against predictions market KalshiEX.
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October 24, 2025
Tribal Immunity Bars Breastfeeding Suit, 6th Circ. Affirms
The Sixth Circuit backed the dismissal of a cook's suit alleging that a casino owned by a Native American community forced her to resign because she sought time to breastfeed her newborn, upholding the lower court's opinion that the casino's tribal ownership shields the business.
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October 23, 2025
Energy Cos. Face Permit, Regulatory Delays Due To Shutdown
Energy companies are starting to feel the pinch of the federal government shutdown, as scaled-back operations and new furlough announcements at the U.S. Environmental Protection Agency threaten the approval of needed permits and the issuance of highly anticipated regulations.
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October 23, 2025
11th Circ. Halts Fla. Detention Center Appeal Amid Shutdown
The Eleventh Circuit has stayed an appeal over the operation of a Florida Everglades immigrant detention center dubbed "Alligator Alcatraz" after the government requested a halt to proceedings due to the federal government shutdown.
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October 23, 2025
Calif. Tribe Joins Suit Seeking To Halt Barred Owl Culling Plan
An Oregon federal judge has let the Yurok Tribe intervene in an animal advocacy group's lawsuit seeking to block the U.S. government from killing thousands of protected barred owls as a means to save the threatened northern spotted owl, saying the tribe has a specific interest in the action.
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October 23, 2025
Judge Says Colorado Online Betting Law Doesn't Violate IGRA
A federal judge on Thursday dismissed a suit by two Colorado tribes that alleged the state is overreaching by trying to regulate off-reservation online sports betting in violation of the Indian Gaming Regulatory Act and tribal gaming compacts.
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October 23, 2025
Wash. Judge Halts Feds From Pulling $9M In Climate Funds
A Washington federal judge temporarily blocked the Trump administration from scrapping more than $9 million of climate resiliency agreements with Washington state, finding state officials likely to prevail on claims the administration acted unlawfully when it abruptly ended them.
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October 23, 2025
NY Tribal Members Can't Block New Financial Aid Policy
A federal district court judge has determined that two New York tribal members can't block a new U.S. Education Department policy that requires Jay Treaty students to provide proof of permanent residence status to apply and receive financial aid, saying their claims fell short for lack of standing.
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October 22, 2025
Ed Dept. Must Face States' Case Over Mental Health Grants
A Seattle federal judge declined to throw out a lawsuit accusing the U.S. Department of Education of illegally discontinuing grants for student mental health programming, recognizing that Washington and other states have valid claims that the move will cut them off from money meant for reducing violence in schools.
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October 22, 2025
Wash. Tribe May Reignite Decades-Old Fishing Rights Dispute
The Sauk-Suiattle Indian Tribe wants to meet and confer with other participants in a 50-year-old Washington federal court case over tribal fishing rights, saying if a meeting doesn't take place it will look to open a new subproceeding to decide where the Swinomish Indian Tribal Community can fish.
Expert Analysis
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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Justices' Charter School Tie Delays Church-State Reckoning
The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.