Native American

  • January 18, 2024

    Feds Join AgriBiz In Asking 9th Circ. To Upend Land Swap

    The federal government and a global agribusiness with operations in Idaho have urged the Ninth Circuit to overturn a lower court ruling that favored the Shoshone-Bannock Tribes in their challenge to a U.S. Department of the Interior land transfer for the expansion of a fertilizer plant.

  • January 18, 2024

    Neb. County Officials Suggest Stay In VRA Consent Decree

    Officials in Thurston County, Nebraska, say a pause by a federal district court judge might best serve in determining whether to accept a consent decree that resolves Voting Rights Act claims brought by two Native American tribes while similar litigation plays out in the Eighth Circuit.

  • January 17, 2024

    'Chaos' Warning Resonates As Justices Mull Chevron's Fate

    A conservative-led campaign against the 40-year-old doctrine of judicial deference to federal regulators appeared vulnerable at U.S. Supreme Court arguments Wednesday to predictions of a litigation tsunami, as justices fretted about an onslaught of suits and politicization of the federal judiciary.

  • January 17, 2024

    Thomas Gets Laugh, Agrees Prior Ruling Is 'Embarrassment'

    The specter of a major 2005 telecommunications ruling hung over U.S. Supreme Court Justice Clarence Thomas on Wednesday as he and his colleagues considered whether to toss the court's decades-old precedent instructing judges to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 17, 2024

    5 Key Takeaways From Supreme Court's Chevron Arguments

    U.S. Supreme Court justices questioned Wednesday whether overturning a decades-old precedent instructing courts to defer to federal agencies' interpretations of ambiguous statutes would lead judges to legislate from the bench or diminish the value of Supreme Court precedent — and pondered whether they could "Kisorize" the doctrine rather than doing away with it altogether.

  • January 17, 2024

    Caremark Wants Tribe's Prescription Claim Suit Arbitrated

    Caremark LLC has asked an Arizon federal court to compel arbitration of a lawsuit the Muscogee (Creek) Nation and its health department filed claiming the pharmacy benefit manager failed to pay claims for prescription drugs.

  • January 17, 2024

    DOL Eyes Settlement In ERISA Fight With Ariz. Tribe

    The U.S. Department of Labor told a D.C. federal court Wednesday it's close to resolving the White Mountain Apache Tribe's suit alleging that the agency's employee benefits arm unlawfully hit it with $140,000 in penalties after abruptly beginning enforcement of certain pension reporting requirements for tribes.

  • January 17, 2024

    NM Justices Find No Authority Over Tribal Casino Injury Suits

    The New Mexico Supreme Court has ruled that a man's personal injury suit against the Pueblo of Pojoaque belongs in tribal court because shifting the jurisdiction to state court, as authorized under a gambling compact, was outlawed by a finding in another case that the federal Indian Gaming Regulatory Act does not allow such a jurisdictional change.

  • January 17, 2024

    Wis. Town Ignores Right-Of-Way Act In Road Dispute, Feds Say

    A northern Wisconsin town is ignoring the Indian Right-of-Way Act when it claims the right to use roads within the exterior boundary of a reservation, the federal government said in a bid to have the town's suit against it thrown out.

  • January 17, 2024

    High Court Majority Shows No Eagerness To Overturn Chevron

    U.S. Supreme Court justices on Wednesday appeared split about whether decades-old precedent that favors federal agencies' legal interpretations in rulemaking infringes on judges' rightful authority to decide questions of law.

  • January 16, 2024

    6 Opinions To Read Before High Court's Chevron Arguments

    The U.S. Supreme Court will consider Wednesday whether to overturn a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes, arguments in which nearly two dozen of the justices' prior writings may be used to persuade them to toss the controversial court precedent.

  • January 16, 2024

    Mont. High Court Won't Halt Kids' Win In Climate Suit

    A Montana state court's ruling that invalidated laws barring the consideration of greenhouse gas emissions in permitting decisions will stay in place, after the state's high court on Tuesday rejected the Montana attorney general's request for relief from and a stay of the ruling.

  • January 16, 2024

    Feds Back Alaska Tribe In Fishing Dispute With State

    The U.S. government is urging an Alaska federal judge to grant summary judgment to the Metlakatla Indian Community in its fishing rights fight with Alaska, saying state officials are repeating already-rejected arguments and misconstruing aboriginal rights and the Alaskan Native Claims Settlement Act.

  • January 16, 2024

    White Residents Denied Class Cert. In NC City Board Bias Suit

    A group of white residents who claim a North Carolina city's appointment process for a volunteer commission is discriminatory lost their bid for class certification this week when a federal judge found there were, at most, just nine members who qualified for class treatment.

  • January 16, 2024

    Osage Nation Asks FCC Again For 'Eligible' Telecom Status

    The Osage Nation of Oklahoma needs the Federal Communications Commission to designate it as an eligible telecommunications carrier so that the permitting process for laying 27 miles of fiber optic cables can go smoother, it has told the agency.

  • January 16, 2024

    IHS Wants Tribes' Input On $250M To Combat Fentanyl Crisis

    The U.S. Indian Health Service is asking tribal leaders for their recommendations on how to spend $250 million in potential federal funding to support efforts to fight the fentanyl crisis plaguing Indian Country.

  • January 16, 2024

    Feds Say LNG-By-Rail Rule Was Done By The Book

    The federal government has told the D.C. Circuit that it lawfully crafted a rule permitting bulk rail transport of liquefied natural gas in the last year of the Trump administration, even though the Biden administration has suspended the rule and is working on amending it.

  • January 12, 2024

    Feds Score Judgment In Row Over Idaho Forest Project

    An Idaho federal judge said Wednesday a conservation group waived its challenge of the U.S. Forest Service's decision to categorically exclude a logging and prescribed burning project in the Idaho Panhandle National Forest from environmental review under a Healthy Forest Restoration Act provision.

  • January 12, 2024

    DOI Rule Aimed At Easing Tribal Land Trust Delays Is In Effect

    A newly implemented rule will streamline the application process for Native American tribes asking the government to take land into trust by extensively cutting down the wait time for a decision and making the entire proceeding less expensive, the U.S. Department of the Interior said.

  • January 12, 2024

    EPA, Blue States Jump To Defend Expanded Water Power Rule

    The U.S. Environmental Protection Agency asked a Louisiana federal judge Friday not to block its rule broadening states' and tribes' power to veto projects like pipelines, export terminals and dams over water quality concerns — a power being challenged by a group of red states and industry groups.

  • January 12, 2024

    Judge Nixes Native Fragrance Co.'s Bid To Snuff Jury Verdict

    A Connecticut state court judge has refused to throw out a jury verdict after a Native American-controlled supplier failed to recover an alleged $8 million in damages from a fragrance manufacturer, outlining why the jury probably determined that a confusing contract existed but that no breach occurred.

  • January 12, 2024

    Up Next At High Court: Chevron Deference, Corp. Filings

    The U.S. Supreme Court will be closed Monday for Martin Luther King Jr. Day and will begin a short oral argument week Tuesday, during which the justices will consider overturning Chevron deference, a decades-old doctrine that instructs courts to defer to federal agencies' interpretations of ambiguous statutes. 

  • January 11, 2024

    Tribal Biz Wants Calif. DA Barred From Wrecking Greenhouses

    A business owned by a tribal conglomerate led by the Crow Tribe of Montana asked a California federal judge Wednesday to bar San Bernardino County officials from entering property it acquired and destroying greenhouses based on their use in an illegal cannabis operation run by the tenants of a prior owner.

  • January 11, 2024

    FCC Told Remote Tribal Areas Are 'Special Case' For Funds

    Auctioning off 5G funds meant to bring connectivity to remote tribal areas is a bad idea, according to a mobile provider that says the Federal Communications Commission should treat these regions as a "special case" and dole the funds out differently from those meant for other rural areas.

  • January 11, 2024

    Ruling Would Destroy DOI's Land Trust Limits, Casinos Say

    Three Detroit casino operators are urging the D.C. Circuit to uphold a lower court's ruling that blocked the Sault Ste. Marie Tribe of Chippewa Indians from acquiring land for two casino developments, saying the tribe is attempting to erase the limits on the federal government taking land into trust for Native American tribes.

Expert Analysis

  • Opinion

    Purdue Ch. 11 Case Exemplifies Need For 3rd-Party Releases

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    In the Purdue Pharma Chapter 11 case, the U.S. Supreme Court will eventually decide whether the Bankruptcy Code authorizes a court to approve third-party releases, but removing this powerful tool would be a significant blow to the likelihood of future victims being made whole, says Isaac Marcushamer at DGIM Law.

  • Mont. Kids' Climate Decision Reflects 3 Enviro Trends

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    A Montana district court's recent ruling in Held v. Montana represents a rare win for activist plaintiffs seeking to use rights-based theories to address climate change concerns — and calls attention to three environmental trends that are increasingly influencing climate litigation and policy, says J. Michael Showalter at ArentFox Schiff.

  • A Look At The Tribal Health Reimbursements Circuit Split

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    A circuit split regarding whether Native American tribes are entitled to contract support costs on health care services paid by third-party revenues sets the stage for potential review by the U.S. Supreme Court, and could result in the Indian Health Service paying hundreds of millions more in much-needed funding to tribal health programs, say Geoffrey Strommer and Steve Osborne at Hobbs Straus.

  • SBA 8(a) Contractors Must Prepare To Reestablish Eligibility

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    A Tennessee federal court's recent decision in Ultima Services v. U.S. Department of Agriculture has massive implications for the Small Business Administration's 8(a) Business Development Program, whose participants will soon need to reestablish their status as socially disadvantaged, say Edward DeLisle and Andrés Vera at Thompson Hine.

  • To Hire And Keep Top Talent, Think Beyond Compensation

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    Firms seeking to appeal to sophisticated clients and top-level partners should promote mentorship, ensure that attorneys from diverse backgrounds feel valued, and clarify policies about at-home work, says Patrick Moya at Quaero Group.

  • Perspectives

    More States Should Join Effort To Close Legal Services Gap

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    Colorado is the most recent state to allow other types of legal providers, not just attorneys, to offer specific services in certain circumstances — and more states should rethink the century-old assumptions that shape our current regulatory rules, say Natalie Anne Knowlton and Janet Drobinske at the University of Denver.

  • Identifying Trends And Tips In Litigation Financing Disclosure

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    Growing interest and controversy in litigation financing raise several salient concerns, but exploring recent compelled disclosure trends from courts around the country can help practitioners further their clients' interests, say Sean Callagy and Samuel Sokolsky at Arnold & Porter.

  • Series

    The Pop Culture Docket: Judge Elrod On 'Jury Duty'

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    Though the mockumentary series “Jury Duty” features purposely outrageous characters, it offers a solemn lesson about the simple but brilliant design of the right to trial by jury, with an unwitting protagonist who even John Adams may have welcomed as an impartial foreperson, says Fifth Circuit Judge Jennifer Elrod.

  • 4 Business-Building Strategies For Introvert Attorneys

    Excerpt from Practical Guidance
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    Introverted lawyers can build client bases to rival their extroverted peers’ by adapting time-tested strategies for business development that can work for any personality — such as claiming a niche, networking for maximum impact, drawing on existing contacts and more, says Ronald Levine at Herrick Feinstein.

  • Opinion

    3 Ways Justices' Disclosure Defenses Miss The Ethical Point

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    The rule-bound interpretation of financial disclosures preferred by U.S. Supreme Court Justices Samuel Alito and Clarence Thomas — demonstrated in their respective statements defending their failure to disclose gifts from billionaires — show that they do not understand the ethical aspects of the public's concern, says Jim Moliterno at the Washington and Lee University School of Law.

  • For Tribes, Online Gambling May Soon Be A Safe Bet

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    The Bureau of Indian Affairs' proposed changes to the Indian Gaming Regulation Act would expressly allow tribes to execute compacts with states that enable online gambling and sports betting activities, strengthening tribes' ability to position themselves in the gambling industry despite protests from casino operators, says Blair Will at Hall Estill.

  • Caregiver Flexibility Is Crucial For Atty Engagement, Retention

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    As the battle for top talent continues post-pandemic, many firms are attempting to attract employees with progressive hybrid working environments — and supporting caregivers before, during and after an extended leave is a critically important way to retain top talent, says Manar Morales at The Diversity & Flexibility Alliance.

  • How High Court Is Assessing Tribal Law Questions

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    The U.S. Supreme Court's four rulings on tribal issues from this term show that Justice Neil Gorsuch's extensive experience in federal Native American law brings helpful experience to the court but does not necessarily guarantee favorable outcomes for tribal interests, say attorneys at Dorsey & Whitney.

  • In-Office Engagement Is Essential To Associate Development

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    As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.

  • Perspectives

    A Judge's Pitch To Revive The Jury Trial

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    Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.

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