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Native American
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July 08, 2025
Okla. City Illegally Prosecutes Natives On Rez, Tribe Says
The Muscogee (Creek) Nation sued the city of Henryetta in Oklahoma federal court Tuesday accusing it of violating federal laws and its sovereign rights by prosecuting Native Americans for conduct within the tribe's Creek Reservation, despite a U.S. Supreme Court decision restricting the state and its political subdivisions' ability to do so.
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July 08, 2025
Environmental Regulations To Watch In 2025: Midyear Report
The U.S. Environmental Protection Agency said it is planning big changes to existing regulations and policies, including possibly rescinding its finding that greenhouse gases pose a danger to people's health and rolling back standards for forever chemicals. Here are some of the biggest regulatory matters to watch in the second half of 2025.
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July 08, 2025
DEA Tells DC Circ. To Toss Ayahuasca Church's Petition
Federal drug enforcers urged the D.C. Circuit on Tuesday to toss a petition brought by an Iowa church seeking a religious exemption to use a psychedelic in its rites, saying there was no legal basis to the organization's allegations that the agency took too long to process its application.
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July 08, 2025
High Court Allows Trump's Gov't Cuts And Restructuring
The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.
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July 08, 2025
Oil Cos.' Water Pollution Coverage Suit Gets Trimmed
Two oil and gas companies can't proceed with bad faith claims against certain underwriters at Lloyd's of London in a dispute over coverage for the remediation of water byproduct pollution, a New Mexico federal court ruled, saying the companies failed to allege facts supporting their claims.
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July 07, 2025
Conn. Can't Pause Tribal Land Acquisitions, Court Told
The U.S. Department of the Interior and its Bureau of Indian Affairs on Monday urged a Connecticut federal judge not to renew a stay on the acquisition of state land into trust for the Mashantucket Pequot Tribal Nation, arguing that the state has not met the bar for blocking agency action.
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July 07, 2025
Lenders Accused Of Using Calif. Tribe To Dodge Usury Laws
A California resident has accused River Valley Loans and some business leaders allegedly associated with the company — including the son of TV host Dr. Phil — of operating a predatory lending scheme involving the Crow Creek Sioux Tribe to make short-term, small-dollar loans with illegally high interest rates.
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July 07, 2025
Feds Tell 9th Circ. Ayahuasca Church Not Owed $2M In Fees
Federal officials told the Ninth Circuit on Monday that a Phoenix-based church that reached an agreement with the government to use the psychedelic ayahuasca in religious ceremonies was not entitled to more than $2 million in attorney fees.
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July 07, 2025
Alaskan Tribe's Immunity Upheld In Anchorage Casino Fight
A federal court judge on Monday denied a bid by a group of Anchorage, Alaska, residents to reconsider a ruling that found the Native Village of Eklutna is immune from the residents' lawsuit seeking to block a casino development, saying their arguments are no more than a disagreement with the court's analysis.
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July 07, 2025
EPA, Enviro Orgs. Fight Over 'Big Bill's' Impact On Funding Case
Green groups fighting to reclaim grant funding frozen by the U.S. Environmental Protection Agency asked the D.C. Circuit on Monday to reject the agency's argument that Congress's recent tax and policy bill means their lawsuit should be dismissed.
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July 07, 2025
8th Circ. Won't Rehear ND Tribe's Voting Rights Dispute
The Eighth Circuit won't rehear a bid by two North Dakota tribes to overturn its decision that vacated their challenge to two of the state's voting laws after the panel found that provisions of the Voting Rights Act don't give private citizens the right to sue over dilution claims.
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July 07, 2025
Gov't Says OPM Didn't Order Probationary Worker Firings
The Trump administration maintained that the U.S. Office of Personnel Management's guidance on probationary federal employees was lawful, telling a California federal judge the OPM did not order agencies to carry out a mass termination of these workers despite the claims of unions representing them.
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July 03, 2025
139 EPA Workers Put On Leave For Letter Critical Of Trump
The U.S. Environmental Protection Agency confirmed Thursday that it had placed 139 employees on administrative leave after they signed onto a letter criticizing the Trump administration's policies as undermining the agency's "mission of protecting human health and the environment."
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July 03, 2025
Youths Urge 9th Circ. To Revive Federal Equal Protection Case
A group of youths is asking the Ninth Circuit to revive its lawsuit alleging the U.S. Environmental Protection Agency and the Office of Management and Budget are violating the youngsters' constitutional rights by not properly protecting them from climate change.
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July 03, 2025
Navajo Nation's Bid To Block Lease Ban Put On 90-Day Hold
The Navajo Nation's bid to block a Biden administration order that withdrew U.S. land from new mineral leasing and development near a historic site has been paused after the parties said a recent presidential executive order could moot the dispute, a New Mexico federal judge said.
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July 03, 2025
Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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July 03, 2025
The Moments That Shaped The Universal Injunction Case
The U.S. Supreme Court voted along ideological lines when it hindered the ability of federal district court judges to issue nationwide pauses on presidential policies, but that outcome didn't seem like a foregone conclusion during oral arguments earlier this year. What do the colloquies suggest about the justices' thinking? Here are some moments that may have swayed them.
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July 03, 2025
Pacific Seafood Faces CWA Suit For Alleged Permit Violations
The Center for Food Safety and Wild Fish Conservancy hit Pacific Seafood Aquaculture LLC with a Clean Water Act citizen suit alleging it has failed to comply with permit terms for three Columbia River net pen facilities, each producing more than 20,000 pounds of rainbow trout annually.
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July 03, 2025
The Firms That Won Big At The Supreme Court
The number of law firms juggling three or more arguments before the U.S. Supreme Court this past term nearly doubled from the number of firms that could make that claim last term.
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July 03, 2025
Residents Urge Judge To Redo Ruling Backing Alaska Casino
A group of Anchorage, Alaska, residents opposed to a plan to build a casino urged a federal judge to reconsider a ruling finding the Native Village of Eklutna has sovereign immunity and can't face a lawsuit seeking to block the development plan.
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July 03, 2025
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court once again waited until the term's closing weeks — and even hours — to issue some of its most anticipated and divided decisions.
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July 02, 2025
Energy Firm Says Tribal Nonprofit Trade Secret Suit Too Vague
An energy infrastructure consulting firm called on an Oregon federal judge to throw out a Native American nonprofit's lawsuit alleging the firm's founder and tribal liaison misappropriated its trade secrets, saying the nonprofit has failed to identify the trade secrets with any particularity.
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July 02, 2025
High Court Case Tops List of Securities Appeals To Watch
The U.S. Supreme Court has agreed to take up at least one shareholder's lawsuit when it reopens its doors in October, and securities attorneys from both the plaintiff and defense bars will be watching that appeal and several others as the year moves forward.
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July 02, 2025
Okla. Justices Say Tribal Citizen Must Pay State Income Taxes
Oklahoma's high court upheld a decision to deny a state tax-exempt status for a member of the Muscogee (Creek) Nation, saying that a 2020 U.S. Supreme Court decision affirming the boundaries of the tribe's reservation does not apply in the dispute.
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July 02, 2025
Wash. Tribal Warrants Gain Statewide Reach Under New Law
A Washington law that took effect this month will allow its state police to enforce tribal warrants, a move that legislators say closes a jurisdictional gap that often allowed individuals who committed crimes on Indigenous lands to evade prosecution by fleeing to state property.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.