LAW & TREATY RIGHTS

Cherokee Band Can't Block Land Transfer For Rival's Casino

LAW360 (Native feed) - May 1, 2020 - 1:45pm
A D.C. federal judge has rejected the Eastern Band of Cherokee Indians' bid to block the transfer of a North Carolina land parcel into trust for another tribe's planned casino, saying the band hasn't shown it's likely to suffer irreparable harm without a preliminary injunction.

Alaska Native Corp. Looks To Step Into Tribes' Virus Aid Fight

LAW360 (Native feed) - May 1, 2020 - 12:26pm
An Alaska Native regional corporation has moved to intervene in tribes' consolidated fight to stop any amount of the $8 billion in direct tribal funding for COVID-19 pandemic relief from going to such companies, after a D.C. federal judge preliminarily prevented U.S. Treasury Secretary Steven Mnuchin from sending them a share.

Microsoft Scores PTAB Win Over 3 Computer Tech Patents

LAW360 (Native feed) - May 1, 2020 - 12:09pm
Microsoft has won another round in its patent war with a company that unsuccessfully tried to use the St. Regis Mohawk tribe's sovereign immunity status to escape review of its computer patents at the Patent Trial and Appeal Board.

NY AG Slams Sacklers' Tepid Financial Info Disclosures

LAW360 (Native feed) - April 30, 2020 - 5:26pm
New York's attorney general on Wednesday told a U.S. bankruptcy court that the Sackler family, owners of Purdue Pharma LP, have slow-rolled and resisted discovery requests into their financial information.

Trump Revives Native American Panel To Aid Virus Response

LAW360 (Native feed) - April 30, 2020 - 5:08pm
The Trump administration said it has reestablished the White House Council on Native American Affairs, launched originally seven years ago under an executive order signed by President Barack Obama, as it looks to help tribes respond to the COVID-19 crisis in Indian Country.

Apache Tribe Loses Casino Suit Against Gaming Commission

LAW360 (Native feed) - April 30, 2020 - 3:43pm
The Fort Sill Apache Tribe on Wednesday lost its challenge in D.C. federal court to the National Indian Gaming Commission's stance that hosting a casino on its lands would violate the Indian Gaming Regulatory Act.

New Pharmacy Bellwether Trial Set For 2021 In Opioid MDL

LAW360 (Native feed) - April 30, 2020 - 2:38pm
The Ohio federal judge overseeing multidistrict opioid litigation picked two cases Thursday for a bellwether trial in 2021 to test allegations that the nation's largest pharmacy chains fueled the opioid crisis by dispensing painkiller prescriptions they should have known weren't appropriate.

Keystone XL Builder, Trade Groups Urge Permit Order Pause

LAW360 (Native feed) - April 30, 2020 - 2:18pm
Keystone XL developer TC Energy, the state of Montana and energy industry groups on Wednesday urged a federal judge to stay his order vacating a nationwide water permit used for the pipeline and other energy infrastructure projects until the Ninth Circuit resolves their intended appeal.

House Dem Whip Pushes Broadband Funding In COVID-19 Bill

LAW360 (Native feed) - April 30, 2020 - 2:13pm
The third-ranking U.S. House Democrat is spearheading a drive to shell out a new round of massive federal funding to expand broadband access as part of another relief package in response to the coronavirus outbreak, a spending plan that shows tentative signs of Republican backing.

5 Great-Recession Lessons GCs Must Remember Today

LAW360 (Native feed) - April 30, 2020 - 2:05pm
The 2008 financial crisis revealed that overleveraged law firms suffer the most disruption during an economic downturn and pass that disruption on to their clients, so general counsel should utilize certain metrics to identify appropriately leveraged firms, says Adam Bass at Buchalter.

Pandemic May Prompt Legislative Action On Court Deadlines

LAW360 (Native feed) - April 30, 2020 - 1:43pm
The COVID-19 crisis shines light on the fact that the federal government and most states do not have the power to toll statutes of limitations, and could lead to a full-scale reconsideration of the Federal Judiciary Emergency Powers Tolling Act or other legislative efforts, say Reed Brodsky and Michael Nadler at Gibson Dunn.

Tribal Health Programs Face Pandemic Visit 'Nosedive'

LAW360 (Native feed) - April 30, 2020 - 1:15pm
Before the COVID-19 pandemic, Oyate Health Center in Rapid City, South Dakota, averaged 450 patient visits per day for services ranging from checkups to radiology and lab work. In one month, daily visits have dropped more than 60%.

Don't Disrupt Dakota Access Pipeline, Army Corps, N.D. Urge

LAW360 (Native feed) - April 30, 2020 - 12:42pm
The Army Corps of Engineers and the state of North Dakota on Wednesday urged a D.C. federal judge not to vacate an easement for a portion of the Dakota Access Pipeline after it struck down federal permits for the controversial pipeline.

Pelosi Back To Beating Drum For Broadband Aid In Virus Bill

LAW360 (Native feed) - April 29, 2020 - 4:34pm
The same day that more than 200 groups called on Congress to fold funding for broadband expansion into any future coronavirus stimulus packages, House Speaker Nancy Pelosi, D-Calif., reiterated Wednesday the Democrats' willingness to make it happen.

Enviros Demand EPA Act Quickly To Disclose Rule Lapses

LAW360 (Native feed) - April 29, 2020 - 3:37pm
Environmental advocates on Wednesday said the U.S. Environmental Protection Agency has ignored their request to force companies to disclose when they take advantage of the government's move to temporarily suspend some compliance obligations for entities affected by the coronavirus crisis.

Vermont Tribal Payday Lending Suit Sent To Texas

LAW360 (Native feed) - April 29, 2020 - 3:24pm
A Vermont federal judge on Tuesday granted a bid to transfer to the Northern District of Texas a proposed RICO class action accusing affiliates of a Chippewa Cree payday lender of running a scheme to defraud thousands of people while claiming protection under the tribe's sovereign immunity.

DOI, Calif. Tribe Ask DC Circ. To Toss Casino Land Challenge

LAW360 (Native feed) - April 29, 2020 - 3:05pm
The Wilton Rancheria of California and the U.S. Department of the Interior have urged the D.C. Circuit to reject an anti-gambling group's challenge to the agency's decision to take land into trust for the tribe's casino project, arguing that a DOI official properly exercised his authority and the decision complied with federal environmental law.

Green Groups Sue Feds Over Clean Water Act Rollback

LAW360 (Native feed) - April 29, 2020 - 11:52am
A new rule defining the scope of the Clean Water Act's jurisdiction improperly limits the government's reach and threatens to worsen pollution, environmental groups said Wednesday in two lawsuits seeking to sink the regulations.

Judging A Book: Richardson Reviews 'Criminal Dissent'

LAW360 (Native feed) - April 29, 2020 - 11:28am
In his important new book, "Criminal Dissent," Wendell Bird endeavors to catalogue every single actual, or even threatened, prosecution under the Sedition Act and removal under the Alien Friends Act — a monumental undertaking — and the results are striking, says U.S. District Judge Eli Richardson of the Middle District of Tennessee.

Full DC Circ. Pushes Back At WH Over House's Ability To Sue

LAW360 (Native feed) - April 28, 2020 - 7:03pm
Hypotheticals once again reigned at the D.C. Circuit on Tuesday as a full panel of judges struggled via conference call to grapple with the implications of the government's argument that the House of Representatives is barred from suing the executive branch.

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