LAW & TREATY RIGHTS

Calif. Tribes To Reopen Casinos Despite Gov.'s Virus Fears

LAW360 (Native feed) - May 18, 2020 - 4:15pm
Four tribal casinos in San Diego County appear to have ignored California Gov. Gavin Newsom's warning to rethink reopening quickly during the COVID-19 pandemic, saying they are moving forward with plans to open their doors to customers this week while putting safety measures in place.

Treasury Eyes June 5 To Ship $3.2B In Tribal COVID-19 Funds

LAW360 (Native feed) - May 18, 2020 - 3:18pm
Treasury Secretary Steven Mnuchin has told a D.C. federal judge that his department plans to send out the $3.2 billion it still owes tribal governments under the CARES Act by June 5, nearly six weeks after the law's deadline to distribute the money.

A Creative Solution For Teaching Local Practice In Law School

LAW360 (Native feed) - May 18, 2020 - 12:45pm
To help prepare my students to navigate local practice, I wrote a set of rules for the classroom that mimics those they might encounter from a local judge or court, says Michael Zuckerman at Northwestern Pritzker School of Law.

Industry Warns National Water Permit Ruling Harms Economy

LAW360 (Native feed) - May 18, 2020 - 11:50am
Industry groups told the Ninth Circuit that if it doesn't put on hold a Montana federal judge's decision to void a common nationwide water permit for use with new oil and gas pipeline construction, there will be "enormous harm to an already struggling American economy."

Miss. Tribe Wins Immunity Claim In $1.4M Car Crash Suit

LAW360 (Native feed) - May 18, 2020 - 11:31am
A Mississippi federal judge has approved a Native American tribe's bid to escape a $1.4 million negligence suit stemming from allegations that one of its wildlife and park staffers crashed into a man's car, ruling that the tribe had not waived its sovereign immunity. 

Whistleblower With Brain Tumor Says DEA Discriminated

LAW360 (Native feed) - May 15, 2020 - 3:23pm
The Drug Enforcement Administration violated federal discrimination laws by pressuring a special agent with cancer to retire as reprisal for his whistleblower efforts, according to a complaint filed Thursday in Virginia federal court.

Coronavirus Throws Wrench Into Tribal Clean Energy Plans

LAW360 (Native feed) - May 15, 2020 - 3:20pm
Many power projects in Indian Country have ground to a halt during the COVID-19 pandemic as tribes focus on immediate health dangers and grapple with losses of income from the shuttering of casinos and resorts, lawyers say.

DOI Was Wrong To OK Rival's Casino, Tribe Tells 9th Circ.

LAW360 (Native feed) - May 15, 2020 - 2:33pm
The Kalispel Tribe of Indians has asked the Ninth Circuit to overturn a lower court's dismissal of its suit challenging the government's approval of a rival tribe's competing casino, saying federal law prohibits new off-reservation casinos that may hurt a nearby tribe.

Making Law Firm Panels Work For The Cost-Conscious GC

LAW360 (Native feed) - May 15, 2020 - 1:51pm
General counsel may be tempted to resort to matter-level requests for proposals in the wake of the COVID-19 economic crisis, but alternatively, a singular, global RFP process — to select a panel of law firms for all legal needs — can reduce legal spend while fostering long-term relationships, say Vivek Hatti at Avis Budget Group and Jaron Luttich at Element Standard.

Fishers, Gov't Tell Justices Tribes Have First Dibs On Water

LAW360 (Native feed) - May 15, 2020 - 12:44pm
A trade association of commercial fishing families and the federal government are pushing the U.S. Supreme Court to uphold a Federal Circuit ruling that tribes have priority over farmers for water rights from the Klamath Project on the Oregon and California border.

Navajo Virus Case Bump Highlights Data Challenges

LAW360 (Native feed) - May 15, 2020 - 8:50am
The Navajo Nation added 99 previously unidentified novel coronavirus cases to its official tally Thursday, part of quality assessment efforts that highlight the challenges of tracking and verifying cases on a reservation spanning 10 counties and three states.

Tribe Says Gov't Is Veering From Water Flow Agreements

LAW360 (Native feed) - May 14, 2020 - 6:32pm
The U.S. Bureau of Reclamation has deviated from agreed-upon water flow plans, the Yurok Tribe said on Wednesday, urging a California federal court to lift a stay so it can resume its suit looking to protect a species of salmon from the impacts of an irrigation project in the Klamath River.

Coronavirus Litigation: The Week In Review

LAW360 (Native feed) - May 14, 2020 - 4:10pm
The maker of Lysol Disinfecting Wipes has been accused of stealing the patented packaging technology that keeps the suddenly sought-after cleaning wipes moist, a proposed class of restaurants says Grubhub has been running a false advertising campaign to redirect customers to its partner restaurants, and five major news outlets claim the U.S. Small Business Administration has illegally rebuffed public records requests regarding its Paycheck Protection Program.

Tribes Urge Justices To Keep ACA's Indian Health Measures

LAW360 (Native feed) - May 14, 2020 - 4:07pm
A host of tribes and tribal organizations has urged the U.S. Supreme Court to split off health provisions for Native Americans from the Affordable Care Act if the court decides the law's individual mandate must go, saying those parts of the law have no connection to the constitutional questions around the mandate.

Tribal Leaders Say Okla. AG Has Misread Gambling Compacts

LAW360 (Native feed) - May 14, 2020 - 2:10pm
Comanche Nation and Otoe-Missouria Tribe leaders have urged the U.S. Department of the Interior to approve gambling compacts they signed with Oklahoma's governor, saying the state attorney general got it wrong when finding that the deals aren't legal.

Pandemic Presents Teamwork Test For Law Firms

LAW360 (Native feed) - May 14, 2020 - 1:26pm
To ensure smooth operations during these uncertain times, all members of the law firm team — leaders and partners, diversity and talent professionals, associates and other staff members — need to commit to their unique roles and intensify support for colleagues, says Manar Morales, president and CEO at the Diversity & Flexibility Alliance.

Trump Moves To Fill Stockpile Ahead Of Next Virus Outbreak

LAW360 (Native feed) - May 14, 2020 - 1:02pm
President Donald Trump signed an executive order Thursday authorizing a development bank to issue loans under the Defense Production Act as part of a strategy to strengthen the national stockpile of medical supplies so that the wartime law won't have to be invoked for the next COVID-19 outbreak.

Ex-Vaccine Chief Says Time Running Out For Virus Strategy

LAW360 (Native feed) - May 14, 2020 - 12:13pm
The former U.S. Department of Health and Human Services vaccine chief allegedly ousted for resisting President Donald Trump's calls to promote a malaria drug for COVID-19 warned Thursday that the "window is closing" to create a strong government strategy to fight the pandemic.

Feds, Enviros Clash At 9th Circ. Over National Water Permit

LAW360 (Native feed) - May 14, 2020 - 12:01pm
Environmental groups on Thursday urged the Ninth Circuit to reject the federal government's bid to immediately block a Montana federal judge's decision to void a commonly used nationwide water permit for use with new oil and gas pipeline construction.

Virus Bill Offers $24B In Tribal Relief, Bars Alaska Native Cos.

LAW360 (Native feed) - May 13, 2020 - 5:28pm
Tribes and tribal groups would receive $24 billion as part of a proposed House package for coronavirus relief, with Alaska Native corporations made ineligible for the main tribal funding pool after the government's plan to include them in the previous round of funding sparked a suit from federally recognized tribes.

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