Native American

  • September 03, 2024

    Utah Tribe Seeks Quick Win In Farm Water Diversion Fight

    The Ute Indian Tribe is seeking a quick win in its challenge to a Utah farm that it claims diverted protected water to use for its cattle, arguing that in addition to a lack of jurisdiction, it's undisputed that the defendant willingly interfered with the tribe's property.

  • September 03, 2024

    NAACP, Others Fight Ga.'s Bid To Undo Election Law Block

    The Georgia branch of the NAACP and a host of other groups are asking the Eleventh Circuit to affirm and expand a preliminary injunction blocking parts of a controversial Peach State election law as state officials are pushing to have the injunction overturned.

  • September 03, 2024

    DOI Says Court Can't Force Policy Orders In Recognition Fight

    U.S. Department of the Interior Secretary Deb Haaland is fighting a bid to force her to complete a final new rule for federal recognition or be held in contempt, saying that compelling the agency to conclude a policy decision in a matter of weeks is unreasonable and could have a harmful ripple effect.

  • August 30, 2024

    Expert Doesn't Back Certain Tribal Fishing Rights, Judge Says

    A Washington federal judge has granted the Upper Skagit Indian Tribe's bid to amend his earlier order questioning whether the Stillaguamish Tribe had ever fished in certain saltwater near Puget Sound, ruling after examining expert testimony in the tribes' fishing rights battle that historical evidence fails to show that Stillaguamish ever caught sea life there.

  • August 30, 2024

    McKesson, Others To Pay Benefit Plans $300M In Opioid Deal

    McKesson Corp., Cardinal Health Inc. and Cencora Inc. have agreed to pay a group of benefit plans a combined $300 million to resolve allegations that the drug distributors fanned the flames of the opioid epidemic, according to a filing Friday in Ohio federal court.

  • August 30, 2024

    Feds Propose Tribal Oversight Of Utah National Monument

    Nearly 2 million acres of public lands within Utah's Grand Staircase-Escalante National Monument will be managed by a co-stewardship of tribal nations, with a focus on conservation and preservation, according to a proposed plan by the U.S. Bureau of Land Management.

  • August 30, 2024

    Parents Unhurt By Indigenous Child Law, Minn. Justices Told

    A coalition of Native American nonprofits is asking the Minnesota Supreme Court to dismiss a challenge by foster parents to the Indian Child Welfare Act in a custody dispute over two Red Lake Nation children, arguing that the parents have not been injured by the law's preference for Indigenous foster homes.

  • August 30, 2024

    Firm Accused Of Botching Arbitration In Tribal Lending Row

    Bradley Arant Boult Cummings LLP and one of its former attorneys have been hit with a California federal court suit accusing them of negligence in their representation of a consulting business and its president in a 2018 arbitration they say caused them at least $17.5 million in damages.

  • August 29, 2024

    FCC's New Rules For Rural 5G Fund Stir Controversy

    The Federal Communications Commission said Thursday it had adopted a framework for the 5G Fund for Rural America to auction up to $9 billion in its first phase to fill gaps in mobile broadband, but not all stakeholders are pleased with the rules.

  • August 29, 2024

    Insurer's $20M Tribal Loan Claim Goes To Fed. Claims Court

    An Ohio federal judge has transferred a challenge to Interior Secretary Deb Haaland over the agency's cancellation of a $20 million tribal loan guarantee to Federal Claims Court, arguing this week that the sole alternative of an outright dismissal would be detrimental to the interests of justice and judicial economy.

  • August 29, 2024

    DOI Stands By Its Mining Ban On 28M Acres In Alaska

    The U.S. Department of the Interior has finalized a decision to continue protections on 28 million acres of land in Alaska, a move that bans oil and gas drilling activity in the region and reverses a decision made in the Trump administration's final days to open up the area for development.

  • August 29, 2024

    Feds Ask The Supreme Court To Reverse NEPA Railway Ruling

    The U.S. Surface Transportation Board has told the U.S. Supreme Court that the D.C. Circuit was wrong to revoke the agency's approval of a rail line to transport crude oil from Utah, saying the appeals court went beyond what the law requires for environmental reviews.

  • August 29, 2024

    Advocacy Groups Back Ga. Bid To Undo Election Law Block

    Two advocacy groups are joining Georgia's push for the Eleventh Circuit to overturn an injunction blocking part of a controversial Peach State election law, arguing the lower court's ruling reimagines the Civil Rights Act to impede an absentee ballot requirement that is focused on election integrity and has nothing to do with racial discrimination.

  • August 28, 2024

    Utah Counties Tell Justices DC Circ. Took NEPA Too Far

    A coalition of seven Utah counties called on the U.S. Supreme Court on Wednesday to upend a D.C. Circuit decision revoking federal approval of a rail line to transport crude oil from Utah, arguing the ruling saddles the U.S. Surface Transportation Board with "endless make-work far outside its wheelhouse."

  • August 28, 2024

    Red States Raise Alarm Over Methane Rule Retroactivity

    Republican led-states and industry groups have called on a Tenth Circuit panel to reconsider its decision to vacate a district court ruling that partially invalidated an Obama-era rule limiting venting and flaring from oil and gas wells on federal land, arguing it could lead to retroactive enforcement of the rule.

  • August 28, 2024

    HUD Gives $10M For Homeless Native America Veteran Services

    The federal government has announced that it would give $10 million to various tribal housing authorities, saying the money is for currently or nearly homeless Native Americans who fought for the U.S. military.

  • August 28, 2024

    The Biggest Enviro Cases To Watch In 2024: Midyear Report

    Environmental attorneys can expect to see several developments in pending litigation during the remainder of 2024, including two cases that the U.S. Supreme Court has agreed to hear about Clean Water Act regulations for San Francisco and the extent of the federal government's authority as part of environmental reviews for projects. Here are some of the biggest cases to watch in the rest of 2024.

  • August 28, 2024

    Judge Stays Enbridge's Bid For Quick Win In Pipeline Fight

    Enbridge Energy's bid for a quick win in its challenge to Michigan over the company's Line 5 pipeline must wait until Michigan officials' appeal of a ruling to the Sixth Circuit that seeks to overturn an immunity order is resolved, a federal district court judge said.

  • August 28, 2024

    For Native Voters, Mail Delivery Is A Big Obstacle, Reports Say

    Despite a modest uptick in turnout, Native American voters' participation in elections trails other racial and ethnic groups, two new reports say, most likely due to the unavailability of reliable mail delivery services in areas with large Indigenous populations.

  • August 28, 2024

    Trim Advised In White Homeowners' Claims Against NC City

    A magistrate judge in North Carolina recommended that a federal court trim a discrimination claim from a lawsuit lodged by white homeowners challenging Asheville's Human Relations Commission appointments, ruling that the relevant statute only applies to people who are members of minorities.

  • August 27, 2024

    Wells Fargo Says 'Good Faith' Efforts Ax Investors' Bias Suit

    Wells Fargo & Co. urged a California federal judge Tuesday to toss a derivative lawsuit filed by a putative class of shareholders claiming the bank's board of directors failed to address its discriminatory lending and hiring practices, saying there's evidence of "good-faith" efforts to monitor compliance in those areas.

  • August 27, 2024

    Cherokee Nation's Opioid Suit Sent Back To State Court

    An Oklahoma federal judge has adopted a magistrate judge's recommendation to send a Cherokee Nation opioid lawsuit against pharmaceuticals distributor Morris & Dickson back to state court, agreeing that the negligence case isn't predicated on a duty arising out of the federal Controlled Substances Act.

  • August 27, 2024

    Alaskan Tribal Health Group Hits Feds With $390M Suit

    The Alaska Native Tribal Health Consortium is asking a federal district court for at least $390 million in a challenge to the U.S. Department of Health and Human Services that claims the agency refused to pay certain contract support costs to operate its healthcare programs for seven years.

  • August 27, 2024

    Enbridge, Mich. Battle Over Immunity Order In Pipeline Fight

    Enbridge Energy and Michigan are swapping barbs over whether a federal district court should defer a summary judgment ruling in favor of the company over its Line 5 pipeline or wait until the Sixth Circuit has decided the state's bid to overturn a decision that it's not immune from the litigation.

  • August 26, 2024

    Army Corps Looks To Trim Claims In Alaskan Gold Mine Row

    The U.S. Army Corps of Engineers has told an Alaska federal judge that most of the claims asserted by a small village that's trying to thwart an open pit gold mine can't be supported and should be dismissed.

Expert Analysis

  • Series

    Skiing And Surfing Make Me A Better Lawyer

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    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.

  • Unpacking The Circuit Split Over A Federal Atty Fee Rule

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    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.

  • Opinion

    No Matter The Purdue Ruling, Mass Tort Reform Is Needed

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    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.

  • After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1

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    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.

  • Recruitment Trends In Emerging Law Firm Frontiers

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    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.

  • Series

    Glassblowing Makes Me A Better Lawyer

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    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.

  • How Associates Can Build A Professional Image

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    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.

  • Firms Must Rethink How They Train New Lawyers In AI Age

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    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.

  • Think Like A Lawyer: Always Be Closing

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    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.

  • Series

    Playing Chess Makes Me A Better Lawyer

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    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.

  • Litigation Inspiration: Attys Can Be Heroic Like Olympians

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    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.

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    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.

  • Series

    Fishing Makes Me A Better Lawyer

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    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.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    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.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

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