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Native American
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March 10, 2025
Tribal Nations, Students Sue Feds Over School Staffing Cuts
Three tribal nations and five Native American students are asking a D.C. federal court to block a Trump administration executive order calling for large-scale federal workforce reductions, saying the directive devastated operations and undermined Bureau of Indian Education schools across the nation.
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March 10, 2025
EPA Climate Grantee Sues Citibank, Agency Over Frozen Cash
A climate-change-focused nonprofit is accusing Citibank NA and the U.S. Environmental Protection Agency in D.C. federal court of breaching a contract to deliver billions of dollars in grant funding that's been frozen by the Trump administration.
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March 10, 2025
Ayahuasca Church Says DEA Violated Religious Use Contract
A New Mexico-based church whose practice involves a controlled substance has brought a federal lawsuit against the Drug Enforcement Administration, alleging the agency sat on the group's application to export the sacrament to sister churches for close to seven years.
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March 10, 2025
Tribe Says BNSF Can't Derail $400M Trespass Judgment
A Washington tribe is urging the Ninth Circuit to uphold a lower court's finding that BNSF Railway Co. must pay nearly $400 million for years of illegally running oil cars across tribal territory, saying the railroad's claim that it strips away lawfully earned profits "makes little sense."
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March 10, 2025
Ariz. Power Co. Asks Justices To Review Tax On Tribal Plant
An energy company asked the U.S. Supreme Court to review Arizona court decisions that said a power plant it owns on tribal land is subject to property taxes, arguing that privately owned improvements located on Native American reservations are exempt from state and local taxes.
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March 10, 2025
Tribal Casino Says Sovereign Immunity Sinks 401(k) Fee Suit
A tribal hospitality and casino company said it shouldn't face a proposed class action alleging its 401(k) plan was bogged down by exorbitant costs and underperforming investment options, telling a New York federal court it's immune from the case as an arm of the Oneida Indian Nation.
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March 10, 2025
Public Interest Groups Seek Revamped FCC Subsidy
Advocates for federal broadband aid urged the Federal Communications Commission to support a revamp of the universal service program to make it work like the now-defunct Affordable Connectivity Program's subsidy for low-income families.
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March 07, 2025
Feds Say California Tribes' Casino Challenge Comes Too Late
The U.S. Department of the Interior and other agencies have asked a D.C. federal judge to deny two tribes' challenge to another tribe's plan to build a casino-hotel complex on 221 acres of trust land, saying their request for a stay is improper and untimely.
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March 07, 2025
Hints Of A New High Court Majority Emerge In Trump Cases
The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.
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March 07, 2025
Trump Admin Pressed to Keep Ariz. Indian Affairs Office Open
A pair of Arizona Democratic senators are calling on President Donald Trump's administration to allow a Phoenix-based Bureau of Indian Affairs office to remain open, saying it must provide clarity on how the decision to close the location was reached.
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March 07, 2025
Okla. Gov.'s Brother Can't Use McGirt Ruling to Avoid Ticket
Keith Stitt, brother of Oklahoma Gov. Kevin Stitt, can't dodge a speeding ticket on the back of a 2020 landmark U.S. Supreme Court ruling, a state appeals court panel said, arguing that the city of Tulsa, Oklahoma, maintains jurisdiction over the dispute.
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March 06, 2025
ND High Court Nixes Greenpeace Transfer Bid In $300M Trial
The North Dakota Supreme Court has denied Greenpeace's motion to transfer venue in an ongoing $300 million defamation trial by pipeline-builder Energy Transfer out of a district where all local judges earlier recused themselves before the case finally landed in a state judge's court.
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March 06, 2025
Wash. Biz Groups Say Water Regs Rule Likely To Be Repealed
A group of business associations is fighting a bid by Washington state and a slew of Native American tribes to dismiss the associations' challenge to a decision that established water quality standards for the Evergreen State, saying the rule is set to be repealed under the new federal administration.
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March 06, 2025
Tribal Water Rights Bills Advance To US Senate Floor
A slew of tribal water rights settlement bills are heading to the U.S. Senate for review, and, if approved, they will allow for the completion of multimillion-dollar infrastructure projects, sustainable management and the delivery of drinking water to several Indigenous communities.
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March 06, 2025
Senate Dems Press Citibank To Thaw Frozen EPA Grant Funds
A group of Democratic U.S. senators on Thursday urged Citibank to immediately release federal funding that's been frozen as the U.S. Environmental Protection Agency investigates how a climate change grant program was run.
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March 06, 2025
Trump Administration Ordered To Release Funds To States
A Rhode Island judge on Thursday ordered the Trump administration to stop withholding funds from states, saying an executive order freezing federal grants, loans and other payments approved by Congress "fundamentally undermines" the separation of powers and is causing irreparable harm.
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March 05, 2025
DOGE Firings, Agency Cuts Targeted In New Sierra Club Suit
The Sierra Club and Union of Concerned Scientists were among several groups that lobbed a new suit against Elon Musk and the Department of Government Efficiency on Wednesday, slamming the billionaire and DOGE for the "lawless" slashing of funds and federal workers.
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March 05, 2025
Army To Disinter 19 Students From Boarding School Cemetery
The Office of Army Cemeteries says it will honor the requests of three Oklahoma tribes and disinter the remains of 19 Indigenous children from a cemetery at the site of the former Carlisle Indian Industrial School in Pennsylvania.
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March 05, 2025
Trump EPA Nominees Grilled On Climate Change Views
President Donald Trump's pick to lead the U.S. Environmental Protection Agency's air office repeatedly told Democratic senators that humans must adapt to climate change, but declined to wade into policy specifics during a nomination hearing Wednesday.
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March 05, 2025
Native Groups Want Equal Footing In Fed. Appellate Courts
Native American rights' groups are urging a federal appellate judicial rules committee to add federally recognized tribes to a list of entities that do not need a court's approval to file an amicus brief, saying the disparity restricts how and when tribal nations gain a voice in lawsuits that impact them.
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March 05, 2025
CashCall Wants 9th Circ. Redo Of Order To Pay CFPB $134M
CashCall Inc. has asked for a rehearing of its Ninth Circuit loss that kept it on the hook for a $134 million restitution payment to the Consumer Financial Protection Bureau, arguing that when the online lender was fined in 2016, CashCall could not relinquish its "known right" to a jury trial because the right did not exist at the time.
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March 04, 2025
Dems Demand Halt To Trump Admin's Tribal Program Cuts
More than 100 Democratic lawmakers have urged the Trump administration to halt any executive orders that hurt programs and services in Indian Country, saying in a letter to the White House that the U.S. government must honor its trust and treaty obligations to tribes.
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March 04, 2025
Minn. County Officials Claim Bias In DOI's Land Trust Decision
A trio of Minnesota municipalities are asking a federal court for a quick win in a dispute over more than 3,000 acres taken into trust for the Mille Lacs Band of Ojibwe Indians, arguing that the decisions are the product of an unconstitutionally biased process.
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March 04, 2025
Judge Stays Osage Wind Farm Order, Requires $10M Bond
An Oklahoma federal judge stayed a $4.2 million judgment and order requiring an energy company to remove 84 wind turbines from the Osage Nation's reservation pending the outcome of a Tenth Circuit appeal, ordering the company to pay a $10 million bond in the interim.
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March 04, 2025
Calif. PBM Opioid Suit Belongs In Federal Court, 9th Circ. Told
Pharmacy benefit managers Express Scripts Inc. and OptumRx Inc. urged the Ninth Circuit on Tuesday to require California to litigate its public nuisance claims over their opioid dispensing practices in federal court, arguing that allowing the state to litigate in state court would create a circuit split.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Opinion
Undoing An American Ideal Of Fairness
President Donald Trump’s orders attacking birthright citizenship, civil rights education, and diversity, equity and inclusion programs threaten hard-won constitutional civil rights protections and decades of efforts to undo bias in the law — undermining what Chief Justice Earl Warren called "our American ideal of fairness," says Reuben Guttman at Guttman Buschner.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.