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Native American
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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."
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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.
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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.
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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.
Expert Analysis
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.