Native American

  • December 02, 2024

    Fla. Tribe Sues Eli Lilly, CVS, Others Over Insulin Price-Fixing

    The Miccosukee Tribe in Florida is alleging drugmakers like Eli Lilly & Co. and pharmacy benefit managers like CVS illegally conspired to limit competition and artificially inflate the price of insulin drugs, according to a new lawsuit filed in New Jersey federal court.

  • December 02, 2024

    DEA Asserts Its Role As Proponent Of Pot Rescheduling Plan

    The Drug Enforcement Administration on Monday affirmed it was acting as the proponent of a proposal to loosen federal restrictions on marijuana, and the administrative law judge said supporters of rescheduling would not get an opportunity to cross-examine DEA witnesses.

  • December 02, 2024

    Ark. Governor Wants Out Of Cherokee Casino License Row

    Arkansas Gov. Sarah Huckabee Sanders is asking a federal district court to be removed as a defendant and for an overall dismissal of a challenge to a state amendment that revoked a Cherokee Nation business' casino license, arguing the Oklahoma tribe doesn't have any property interest in the case.

  • November 27, 2024

    Judge Says City Can't Block Washington Tribe's ER Shelter

    A federal judge on Wednesday granted a Washington tribe's bid to block the city of Toppenish from preventing it from operating a 24-hour emergency cold weather shelter, saying upcoming freezing weather would cause irreparable harm and warrants the service.

  • November 27, 2024

    PBM Says Opioid Ruling Ignored High Court's Privilege Stance

    A special master's ruling that internal audit records from Express Scripts Inc. are not protected by attorney-client privilege should be overturned because it contradicts nearly 40 years of U.S. Supreme Court precedent, the pharmacy benefit manager told an Ohio federal court overseeing multidistrict opioid litigation.

  • November 27, 2024

    NC Tribe Demands Apology Over Senator's Floor Remarks

    A North Carolina tribe is demanding an apology from one of the state's U.S. senators, who they say recently launched "an emotional tirade" on the Senate floor, targeting hundreds of tribal leaders and organizations with baseless accusations in a bid to push a bill through to federally recognize the Lumbee Tribe.

  • November 27, 2024

    Amid Claims Of Bias, DEA To Kick Off Historic Pot Hearing

    The Drug Enforcement Administration's administrative law tribunal will hold a preliminary hearing Monday on the U.S. Department of Justice's proposal to relax restrictions on marijuana, kicking off a historic process that has already been marked by allegations of agency bias.

  • November 27, 2024

    EPA Mercury Rule Is Fatally Flawed, DC Circ. Told

    Republican-led states and fossil fuel industry groups fired back at the U.S. Environmental Protection Agency's recent defense of its rule strengthening standards for mercury and other toxic air emissions at power plants, telling the D.C. Circuit the agency misinterpreted the Clean Air Act's pollution reduction goals.

  • November 27, 2024

    Better, Faster, Stranger: What Attys Think Of Our AI Future

    Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.

  • November 26, 2024

    Utah, Farm Groups Can't Reopen Bears Ears Monument Case

    A D.C. federal judge has denied a bid by the state of Utah and two farming groups to lift a more than three-year stay in a challenge to the Bears Ears National Monument, saying that pending independent proceedings weigh upon the case and that there's no evidence of a demonstrated hardship.

  • November 26, 2024

    Muscogee Nation Seeks Swift Ruling In Tulsa Jurisdiction Row

    The Muscogee (Creek) Nation is urging an Oklahoma federal court to swiftly block Tulsa from asserting criminal jurisdiction over its eastern Oklahoma reservation, arguing that "crystal clear" court precedent supports the tribe's position.

  • November 26, 2024

    Hemp Org. Warns Farm Bill Would Ban Some Legal Products

    A major hemp trade organization said Tuesday the Senate Democrats' version of the Farm Bill has some "concerning" implications for hemp that could result in product bans.

  • November 26, 2024

    EchoStar, Navajo Push FCC For Fixed Wireless In 12 GHz

    EchoStar Corp. and other 12 gigahertz license holders said they can provide the Navajo Nation part of that spectrum band to help deploy broadband on tribal lands if the Federal Communications Commission paves the way for fixed 5G wireless services.

  • November 26, 2024

    Court Asked To Halt DEA's Pot Rescheduling Hearing

    The Drug Enforcement Administration's plan to hold administrative hearings on a proposal to reclassify marijuana must be stopped, a psychedelics researcher argued, telling a Washington federal judge that the DEA is not giving a voice to small entity researchers and tribal stakeholders.

  • November 26, 2024

    EPA Overstepped With Methane Control Rule, DC Circ. Told

    The U.S. Environmental Protection Agency's methane control requirements for oil and gas infrastructure infringe on states' authority to tailor their own regulations, Republican-led states and fossil fuel industry groups told the D.C. Circuit Monday.

  • November 26, 2024

    Navajo Nation's Diné College Awarded 2nd Medical Patent

    The School of STEM at Diné College has secured a second patent for a device designed to measure and record various electric signals from the body's organs for diagnostic purposes, making it the only tribal college or university in the nation to receive such patents.

  • November 26, 2024

    Va. Rep. Sponsors Bill To Recognize Nottoway Tribe

    A Democratic congresswoman has introduced a bill that would give federal recognition to the Nottoway Indian Tribe of Virginia, which she said is "long-overdue."

  • November 25, 2024

    Native Corp. Faces Default In $3.4M Stock Scam Suit

    A Native American microcap company has until Dec. 6 to tell a federal district court judge why it shouldn't face a default judgment in a $3.4 million stock scam lawsuit after the Securities and Exchange Commission said its chief executive officer's "willful disobedience" warrants such a ruling.

  • November 25, 2024

    Cruz Calls Digital Equity Program Rules 'Unlawful'

    Sen. Ted Cruz, R-Texas, is criticizing the U.S. Commerce Department's grant program created to encourage broadband use among minorities, saying it unlawfully discriminates based on race in distributing broadband funds.

  • November 25, 2024

    Swinomish Tribe Wants In On Tidegate Opinion Fight

    The Swinomish Indian Tribal Community has asked a Washington federal judge to let it intervene in a lawsuit by a county dike district against a U.S. government biological opinion that finds that a proposed tidegate project endangers salmon.

  • November 25, 2024

    Construction Co. Seeks Coverage For $1.9M Email Spoof

    A construction company told an Alaska federal court that a Travelers unit acted in bad faith by refusing to provide directors and officers coverage for an email spoofing scheme that caused the company to wire roughly $1.9 million of a partner construction company's funds to an "imposter."

  • November 25, 2024

    Judge Vacates Minnesota Mediation Order In Land Dispute

    A federal district court judge on Monday vacated a mediation order in a dispute over more than 3,000 acres of land taken into trust for a Minnesota tribe after parties involved in the litigation said any settlement would require compromise on their legal positions or a voluntary remand.

  • November 22, 2024

    Real Estate Recap: AI, NY Rent Control, NEPA

    Catch up on this past week's key developments by state from Law360 Real Estate Authority — including one BigLaw partner's view of local governments leveraging artificial intelligence for land use, how landlords may challenge New York's rent laws following the latest High Court cert denial, and what a recent D.C. Circuit ruling could mean for National Environmental Policy Act interpretation.

  • November 22, 2024

    Judge Trims Ariz. Reservation Shooting Lawsuit, For Now

    A federal district court judge dismissed a majority of claims in a wrongful death lawsuit lodged by the family of a Tohono O'odham Nation man who was shot and killed by Border Patrol agents, but left room for an amended complaint once a proper representative of his estate is appointed.

  • November 22, 2024

    Feds Slam Utah High Court Case Over Fed. Land Ownership

    The federal government called on the Supreme Court to reject Utah's attempt to file a complaint accusing it of unconstitutionally hoarding and profiting from public lands in the state, saying the justices should decline to exercise original jurisdiction over the matter.

Expert Analysis

  • 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.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Perspectives

    Trauma-Informed Legal Approaches For Pro Bono Attorneys

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    As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.

  • Series

    Playing Music Makes Me A Better Lawyer

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    My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.

  • How Attys Can Avoid Pitfalls When Withdrawing From A Case

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    The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.

  • Using A Children's Book Approach In Firm Marketing Content

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    From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.

  • Opioid Suits Offer Case Study In Abatement Expert Testimony

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    Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.

  • Opinion

    NEPA Final Rule Unlikely To Speed Clean Energy Projects

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    A recent final rule from the White House Council on Environmental Quality purports to streamline federal environmental reviews to accelerate the construction of renewable energy infrastructure — but it also expands consideration of climate change and environmental justice, creating vast new opportunities for litigation and delay, says Thomas Prevas at Saul Ewing.

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • Perspectives

    Public Interest Attorneys Are Key To Preserving Voting Rights

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    Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • What To Know About NIGC's Internal Review Process

    Excerpt from Practical Guidance
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    If the National Indian Gaming Commission disapproves of a tribal management contract for gaming operations, it's important to properly go through the commission's internal hearing mechanism before litigating in federal court, or else an action may be dismissed for failure to exhaust administrative remedies, says Rebecca Chapman at the University at Buffalo School of Law.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

  • A Vision For Economic Clerkships In The Legal System

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    As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.

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