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Native American
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December 10, 2024
Ohio Justices Reject Opioid Nuisance Claims In $650M Appeal
The majority of the Ohio Supreme Court on Tuesday held that the state's product liability law doesn't allow for public nuisance claims to be brought over the opioid crisis, in a challenge to a $650 million verdict won by two counties.
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December 09, 2024
Tribal Court Wins Jurisdiction For 4th Time In COVID-19 Suit
The Ninth Circuit affirmed that Cabazon Reservation Court judges had jurisdiction over the Cabazon Band of Cahuilla Indians' suit seeking millions in COVID-19 pandemic loss coverage after its casino closed temporarily, despite an insurer's fourth attempt to evade the tribal court.
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December 09, 2024
Biden Proclaims 1st Indian Boarding School A National Monument
President Joe Biden on Monday issued a proclamation declaring the first Indian boarding school a national monument, saying that giving the Carlisle, Pennsylvania, site the designation will help to ensure that a shameful era of American history is never forgotten or repeated.
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December 09, 2024
BNSF Asks 9th Circ. To Upend Tribe's $400M Trespass Win
BNSF Railway Co. has argued the Ninth Circuit should reverse a lower court's finding that the company owes a Washington tribe nearly $400 million for years of illegally running oil cars across tribal territory, saying the "massive penalty" is excessive because it strips away lawfully earned profits.
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December 09, 2024
Pressure Growing For Biden To Pardon Native Activist
As President Joe Biden nears the end of his term, calls to pardon a Native American activist serving a life sentence in the 1975 slayings of two FBI agents are again ramping up, with the chair of the Senate Committee on Indian Affairs asking Biden to "right a historic wrong."
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December 09, 2024
Beveridge & Diamond Picks Up Longtime DOJ Enviro Litigator
Beveridge & Diamond PC has hired the former chief of the law and policy section at the U.S. Department of Justice's Environment and Natural Resources Division, who is bringing his more-than 26-year government experience in environmental law to the D.C. team, the firm announced Friday.
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December 07, 2024
Up Next: Environmental Reviews, Wire Fraud & TM Awards
The U.S. Supreme Court will hear its final set of oral arguments for the 2024 calendar year starting Monday, including disputes over the proper scope of federal environmental reviews and whether corporate affiliates can be ordered to pay disgorgement awards in trademark infringement disputes.
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December 06, 2024
Wash. City Says Tribe's ER Shelter Sidesteps Safety Concerns
The city of Toppenish has told a Washington federal judge that the Yakama Nation has no right to use a local property within reservation boundaries to operate a 24-hour emergency cold weather shelter, arguing that building health and safety issues can't be sidestepped.
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December 06, 2024
Neb. Tribe Asks US High Court To Undo Tobacco Sales Ruling
A Nebraska tribe's tobacco companies are asking the U.S. Supreme Court to overturn an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors, arguing that Native American nations' ability to conduct their own affairs within their own borders is at stake.
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December 06, 2024
Veterans Courts Help Some, But Leave Many Others Behind
Veterans treatment courts have helped thousands of justice-involved vets with addiction and mental health issues, but strict eligibility rules, difficulty identifying defendants and a lack of courts mean many former service members are still falling through the cracks.
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December 06, 2024
Feds Want Full DC Circ. To Reverse Panel's NEPA Regs Ruling
Two D.C. Circuit judges who ruled a White House agency lacks authority to issue regulations implementing the National Environmental Policy Act violated a cornerstone legal tenet and must be overturned, according to the federal government.
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December 05, 2024
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.
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December 05, 2024
Okla. Court Says Tulsa Can Prosecute Indian Country Crime
An Oklahoma Criminal Appeals Court will not dismiss a challenge by the city of Tulsa that questions its jurisdictional rights on reservation lands, saying the municipality's ability to prosecute crimes is centered in a U.S. Supreme Court ruling that said states can prosecute non-Indians for crimes against Indians on tribal land.
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December 05, 2024
Wash. Gov.'s Executive Order Backs Tribal Salmon Initiative
Washington Gov. Jay Inslee has, in an executive order, directed state agencies to cooperate with four sovereign tribal nations and Oregon to fulfill commitments to the Columbia Basin Restoration Initiative, which aims to protect salmon and steelhead populations.
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December 05, 2024
Utah Defends Effort To Wrest Land From Feds At High Court
Utah told the U.S. Supreme Court on Wednesday that its proposed lawsuit accusing the government of unconstitutionally hoarding and profiting from public lands in the state belongs before the justices and that the government's recent response strengthens its case.
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December 05, 2024
Feds Invest $849M For Water Infrastructure Improvements
An $849 million investment from the Biden administration will support 77 water infrastructure development projects throughout the country's western states and tribal communities that are located along major river basins in an effort to restore canal capacity, sustain treatment, replace aging hydropower production equipment and provide maintenance to older project buildings.
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December 04, 2024
Some Religious Gathering Limits Are OK, Texas Justices Told
The city of San Antonio hit back Wednesday at Native American church members' reliance on a Texas constitutional amendment banning limitations on religious services, telling the Texas Supreme Court that the amendment must be viewed in the context of COVID-19 restrictions.
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December 05, 2024
CORRECTED: No Error In RICO Dismissal, Softek Tells Court
A computer management company sued by the Modoc Nation in a $14.6 million breach of contract suit has urged an Oklahoma federal judge to deny the tribe's request that he reconsider his opinion tossing racketeering claims against the company. Correction: A previous version of this article's headline mischaracterized the judge's opinion on the RICO claim. The error has been corrected.
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December 04, 2024
Gorsuch Exits Utah NEPA Suit Amid Flak Over Billionaire Ties
U.S. Supreme Court Justice Neil Gorsuch recused himself from a case involving a controversial railway project Wednesday afternoon, the high court's clerk said, following calls for him to step away from the National Environmental Policy Act dispute in light of his connections to a Colorado billionaire.
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December 04, 2024
Hoopa Valley Tribe Wants In On Trinity River Water Row
The Hoopa Valley Tribe is looking to intervene in a challenge to the Bureau of Reclamation over its operation of California's Trinity River water flows in an effort to dismiss the case, arguing that the litigation can't proceed without it, due to its federal property interests in the dispute.
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December 03, 2024
ND Calls Tribes' Bid For Riverbed Mineral Rights 'Irrational'
North Dakota has hit back against the Mandan, Hidatsa and Arikara Nation's attempt to win a federal court declaration that it owns mineral rights beneath a portion of the Missouri River, arguing that the three tribes' claim of riverbed ownership is "irrational."
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December 03, 2024
Judge Says ND Can Intervene In Dakota Access Pipeline Row
The state of North Dakota can back the federal government in a challenge by the Standing Rock Sioux Tribe over the Dakota Access Pipeline, a federal district court judge said, after the state argued that a shutdown would substantially impact its economy and undermine its sovereign interests.
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December 03, 2024
Data Caps Harm Consumers, Rural Electric Co-Ops Tell FCC
As the Federal Communications Commission considers the impact of data caps some broadband providers impose on internet service plans, rural electric cooperatives have told the commission that caps are bad for consumers and that their own business model for broadband does not involve such usage limits.
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December 03, 2024
California Tribe Says Feds Didn't Consult On Casino Project
A California tribe is looking to block the U.S. Department of Interior from approving a casino project on its historic homelands, arguing that the federal government failed to consult it on the endeavor that will irreparably harm its sovereignty and its rights over sacred objects located on the site.
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December 02, 2024
BIA Aims To Exclude Evidence In Assault Liability Case
The Bureau of Indian Affairs is looking to throw out an array of evidence in a Montana federal court dispute over whether the agency is liable for a former officer's sexual assault of a Northern Cheyenne woman, arguing most of the information is based on hearsay, undisclosed opinion and privileged testimony.
Expert Analysis
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Opinion
No Matter The Purdue Ruling, Mass Tort Reform Is Needed
The U.S. Supreme Court will soon issue its opinion in the bankruptcy of Purdue Pharma LP, and regardless of the outcome, it’s clear legal and policy reforms are needed to address the next mass tort, says William Organek at Baruch College.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.