LAW & TREATY RIGHTS

Feds Say Tort Claims Must Go In Gold King Mine MDL

LAW360 (Native feed) - October 15, 2019 - 5:23pm
The federal government pressed a New Mexico federal court Tuesday to ax the tort claims it's facing in multidistrict litigation over the Gold King mine spill, saying the court lacks jurisdiction over Federal Tort Claims Act claims.

Wash. Tribal Leaders Want Columbia River Dams Removed

LAW360 (Native feed) - October 15, 2019 - 4:58pm
Two Washington tribes, the Yakama and Lummi nations, came together Monday to call for the removal of three dams along the Columbia River, which they say have depleted the local salmon population and are emblematic of colonization's impact on Native people.

Tribe Tells 9th Circ. Gov’t Reinterpreting Jurisdiction Policy

LAW360 (Native feed) - October 15, 2019 - 4:52pm
The Yakama Nation told the Ninth Circuit the Trump Administration is reinterpreting government policy to undermine the tribe’s right to investigate crimes involving tribe members on its reservation, even if a nonmember is involved.

Sault Tribe Says It's Immune To Casino Consultant's Suit

LAW360 (Native feed) - October 15, 2019 - 4:23pm
The Sault Ste. Marie Tribe of Chippewa Indians and its casino-operating arm have urged a Michigan federal judge to rule they have sovereign immunity to claims the tribe didn't cough up payments it owed to a gaming consultant.

Top EPA Enforcement Official Joins Vinson & Elkins

LAW360 (Native feed) - October 15, 2019 - 2:01pm
A top U.S. Environmental Protection Agency enforcement attorney has joined Vinson & Elkins LLP, where he will focus on assisting energy clients with enforcement litigation and permitting matters, the firm announced Tuesday.

Courts Keep Rejecting Litigation Funding Discovery Campaign

LAW360 (Native feed) - October 15, 2019 - 9:44am
As shown by recent case law, including a New Jersey federal court holding last month in Valsartan Products Liability Litigation, there is no "shifting tide" in favor of disclosing litigation funding arrangements, say Matthew Harrison and Stephanie Southwick of Bentham IMF.

San Manuel Band puts casino name on new NFL stadium

INDIANZ.COM (gaming) - October 14, 2019 - 7:24am
The San Manuel Band of Mission Indians will be reaching Raiders fans at the team's new home in Las Vegas, Nevada.

Army Corps Aquaculture Permit Deemed Unlawful In Wash.

LAW360 (Native feed) - October 11, 2019 - 5:23pm
A Washington federal judge said Thursday that an Army Corps of Engineers permit allowing shellfish aquaculture is unlawful in the state, finding the agency's determination that the nationwide permit would have a minimal environmental impact is not supported by the evidence presented.

Restasis Payors Defend Class Cert. Bid In Allergan Suit

LAW360 (Native feed) - October 11, 2019 - 2:26pm
A group of Restasis buyers on Friday defended class certification in their New York federal suit accusing Allergan of boosting profits by delaying a cheaper generic version of the dry-eye medication, saying they share numerous, common antitrust injuries.

How Emotionally Intelligent AI Could Assist With E-Discovery

LAW360 (Native feed) - October 11, 2019 - 2:12pm
While artificial intelligence has already revolutionized the e-discovery field, the development of emotionally intelligent AI promises to explore data in an even more nuanced and human way, thereby further reducing the burden on legal teams, say Lisa Prowse and Brian Schrader at e-discovery services provider BIA.

FWS, Forest Service Must Face Suit Over Mont. Mine Approval

LAW360 (Native feed) - October 11, 2019 - 1:22pm
The federal government and a mining company cannot dodge claims that the approval of a proposed copper and silver mine in Montana violated the Endangered Species Act because regulators improperly analyzed the project's impact on bull trout and grizzly bears.

Texas Judge Tees Up Block On Trump's $6.1B Wall Fund

LAW360 (Native feed) - October 11, 2019 - 11:11am
A Texas federal judge on Friday teed up a block on the Trump administration’s planned diversion of $6.1 billion in defense funding for a wall along the U.S.-Mexico border, ruling that President Donald Trump’s declaration of a national emergency at the border is unlawful.

SEC Seeks OK Of Deal With Investor In Tribal Bond Scheme

LAW360 (Native feed) - October 11, 2019 - 7:29am
The U.S. Securities and Exchange Commission asked a New York federal judge to approve a settlement reached with a Montana investor recently sentenced for his role in a scheme led by serial fraudster Jason Galanis that defrauded pension funds and a Native American tribe.

Council Backs Tribe's Bid To Expand Endangered Reservation

LAW360 (Native feed) - October 11, 2019 - 6:27am
A council of Minnesota tribes has demanded that the federal government expand the Prairie Island Community’s land to include territory that isn't imperiled by nearby nuclear waste storage and from persistent flooding created by a federal dam project.

DC Swaps This Columbus Day For Indigenous Peoples' Day

LAW360 (Native feed) - October 10, 2019 - 3:57pm
Washington, D.C., will rename this upcoming Columbus Day to Indigenous Peoples’ Day, with the District becoming part of a growing number of cities and states choosing to celebrate and acknowledge the history and contributions of American Indians and Alaska Natives.

Court Told Settlement Is The Best Result For Purdue Ch. 11

LAW360 (Native feed) - October 10, 2019 - 3:12pm
Bankrupt opioid maker Purdue Pharma LP again touted its proposed settlement of opioid litigation in a New York bankruptcy court Thursday and claimed individual lawsuits against it and company owners the Sackler family could destroy the value of the estate.

Purdue Docs Show DOJ Deal Is Key To Ch. 11 Settlement

LAW360 (Native feed) - October 10, 2019 - 2:49pm
Bankrupt OxyContin maker Purdue Pharma LP has filed a term sheet in New York bankruptcy court detailing a proposed settlement it hopes will resolve thousands of lawsuits over the company's role in the national opioid crisis and calling for a deal to be reached with the federal government.

Army Corps Seeks Win In Tribes' Dakota Access Suit

LAW360 (Native feed) - October 10, 2019 - 1:16pm
The U.S. Army Corps of Engineers on Wednesday asked a D.C. federal judge to grant the agency a win in four Native American tribes' challenge to the Dakota Access pipeline, arguing it sufficiently consulted the tribes and performed the environmental review that the court demanded.

Preventable Risks Your Law Firm May Be Overlooking

LAW360 (Native feed) - October 10, 2019 - 9:50am
Although most lawyers are well-prepared to defend or justify the value of an insurance claim for clients, often law firms have not clearly identified their own potential liabilities, planned for adequate insurance or established prudent internal risk management practices, says Victor Sordillo at Sompo International.

Ohio Trial In Opioid MDL Will Go Forward, 6th Circ. Says

LAW360 (Native feed) - October 10, 2019 - 8:18am
The Sixth Circuit on Thursday rejected eleventh-hour bids by the Ohio attorney general and drug companies to block an upcoming bellwether trial in multidistrict litigation accusing drugmakers of fueling the opioid crisis, rejecting the state’s arguments that the counties in the case are usurping its authority.

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