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Native American
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May 12, 2025
W.Va. High Court Declines 4th Circ. Request For Opioid Input
The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.
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May 12, 2025
Feds Say Tribal Tariff Dispute Must Stay In US Trade Court
The U.S. Department of Homeland Security is fighting Montana tribal members' attempt to stop the transfer of their lawsuit challenging President Donald Trump's Canada tariff orders from federal court to the U.S. Court of International Trade, saying the CIT has exclusive jurisdiction over the case.
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May 12, 2025
Judge Blocks Oak Flat Land Transfer Until High Court Review
A federal judge has temporarily blocked the federal government from transferring an ancient Arizona Apache worship site to a copper mining company until the U.S. Supreme Court rules on the dispute, saying there is no question that the tribes would suffer irreparable harm should the move proceed.
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May 12, 2025
Mass. Court Says NIH Grant Disruption Suit Is In The Right Place
A Massachusetts federal court ruled Monday that it has jurisdiction over several states' lawsuit challenging delays and cancellations of federal grant programs linked to issues they say are "disfavored" by the Trump administration, rejecting the federal government's contention that the claims instead belonged in the U.S. Court of Federal Claims.
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May 12, 2025
Tribal Co. Hit With Class Suit Over High Interest Rates
Bright Lending was hit Friday with a proposed racketeering class action in Florida, claiming the online payday lender charges illegal interest rates on short-term loans and hides behind a Native American tribe in Montana to escape legal claims.
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May 12, 2025
Unions Tell Justices To Protect Privacy In Social Security Case
Two unions and an advocacy group argued Monday that there's no need for the U.S. Supreme Court to make it easier for the Department of Government Efficiency to access the Social Security Administration's data on millions of Americans, claiming requiring the supposed fraud-busting team to follow protocol doesn't constitute an emergency.
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May 12, 2025
Calif. Tribe Can't Halt Decision On $700M Casino, Feds Say
The U.S. Department of the Interior has urged a D.C. federal court to reject a California tribe's bid to temporarily block the department's decision to rescind gambling eligibility for a $700 million casino project.
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May 12, 2025
Will Justices Finally Rein In Universal Injunctions?
The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.
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May 12, 2025
Okla. Lawmaker Seeks Override Of Veto On Tribal Bill
A Democratic Oklahoma state representative is looking to win a legislative override of Republican Gov. Kevin Stitt's veto of a bill that would have provided state money to fund investigations of missing and murdered Indigenous people, the lawmaker's office said Monday.
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May 09, 2025
Calif. Judge Blocks Trump's Gov't Reorganization, Job Cuts
A California federal judge on Friday temporarily blocked federal agencies and Elon Musk's Department of Government Efficiency from carrying out President Donald Trump's directive to reduce the government workforce, saying the president doesn't have the constitutional or statutory authority "to reorganize the executive branch."
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May 09, 2025
National Report Exposes Gaps In Missing Minority Cases
A growing number of minority groups, including Indigenous and Black people, have gone missing and remain unaccounted for around the United States, and systemic disparities contribute to the failure of law enforcement to track and resolve cases, a new report said.
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May 09, 2025
Wells Fargo Execs Sued In Del. Over 'Sham' Diversity Efforts
A Wells Fargo stockholder launched a derivative suit on Friday in Delaware's Court of Chancery seeking damages from 17 of the banking giant's directors and officers for potentially billions in costs tied to alleged "sham" diversity-focused recruitment and hiring initiatives.
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May 09, 2025
Bipartisan Bill Would Make Tech Giants Help Pay For Networks
A bipartisan group of U.S. senators are renewing their push to get big tech companies and broadband service providers to pay into the government fund that supports network deployment.
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May 09, 2025
Advocates Upset As Trump Targets 'Woke' Digital Equity
Broadband deployment advocates protested a Trump administration move to zero out the Digital Equity Fund, a $2.75 billion program to improve digital literacy skills, in a cost-cutting move at the U.S. Department of Commerce.
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May 09, 2025
Utah Tribe Challenges Colorado Parks' Bill Over Historical Ties
A Colorado bill that would give members of the Southern Ute Indian and Ute Mountain Ute tribes free access to the state's parks is being protested by their Utah sister tribe, which argues that the legislation disregards its deep historical connection and presence in its ancestral homelands.
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May 09, 2025
EPA Broke Trust Duty In $16M Ovintiv Settlement, Court Told
A Utah tribe says negotiations between the U.S. government and Ovintiv USA Inc. over a $16 million Clean Air Act consent decree ignored federal protocol and harmed its sovereign interests, telling a federal court that its members will disproportionately suffer from the impacts of energy mineral production.
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May 09, 2025
Souter's Clerks Remember Him As Humble, Kind And Caring
Former clerks of retired U.S. Supreme Court Justice David H. Souter are heartbroken over the death of a man many of them remember more for his conscientiousness, humility, kindness and disdain for the spotlight than for his undeniable brilliance as a jurist.
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May 09, 2025
Hiker And 'Raconteur': Atty Recalls 50-Year Bond With Souter
Behind a towering legal legacy was a man who loved to hike mountains, could recall details of things he read decades ago and was always there for those he cared about, a New Hampshire attorney said as he reflected on a lifelong friendship with U.S. Supreme Court Justice David Souter.
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May 09, 2025
A Look At David Souter's Most Significant Opinions
The retired Justice David Souter defied simple definition, viewed as a staunch conservative until he co-wrote an opinion upholding abortion rights in 1992. He did not hew to partisan lines, but reshaped the civil litigation landscape and took an unexpected stand in an extraordinarily close presidential election.
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May 09, 2025
Justice Souter Was An Unexpected Force Of Moderation
Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.
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May 09, 2025
Retired Supreme Court Justice David Souter Dies At 85
Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday.
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May 08, 2025
Virginia Tribe Challenges Medicaid Suspension Notice
A Virginia tribe is asking a federal court to dismiss a state declaration supporting a notice that its Medicaid payments are suspended in its challenge over unpaid claims, arguing that the official lacks personal knowledge of the dispute and the document was tampered with.
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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.
Expert Analysis
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Series
Playing Guitar Makes Me A Better Lawyer
Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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NEPA Repeal Could Slow Down Environmental Review
As the Trump administration has rescinded the Council on Environmental Quality's long-standing National Environmental Policy Act regulations, projects that require NEPA review may be bogged down by significant regulatory uncertainty and litigation risks, potentially undermining the administration's intent to streamline the permitting process, say attorneys at Mayer Brown.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Trump DOE's Plan On AI Offers Challenges, Opportunities
The Trump administration's push to make federal land available for development of artificial intelligence data centers follows a similar Biden administration proposal — but a new request for information from the U.S. Department of Energy envisions a rapid timeline that may prove challenging for both the DOE and industry stakeholders, say attorneys at HWG.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Contract Disputes Recap: Q&As, Gov't Claims, Pleading
Attorneys at Seyfarth examine decisions from the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the U.S. Court of Federal Claims covering matters including superior knowledge, government claims and pleading standards.