LAW & TREATY RIGHTS

4 Key Takeaways As Opioid MDL Distributors Seek Judge's DQ

LAW360 (Native feed) - September 16, 2019 - 6:49pm
An out-of-the-blue crusade by drug distributors and pharmacies to disqualify the judge supervising multidistrict opioid litigation has little chance of succeeding, but it could lay the foundation for future challenges to the judge's sweeping rejection of legal defenses, experts say. Here, Law360 explores four key takeaways about the motion's impetus and likely fate.

Arco Wants Jury Trial Over NM Uranium Mine Cleanup

LAW360 (Native feed) - September 16, 2019 - 4:21pm
Following failed settlement talks, oil company Arco has notified a federal court it wants a jury trial over cleanup liability for a Superfund site on tribal land, a former uranium mine that Arco departed in the mid-1980s with a cleanup payment of $43 million.

Calif. Tribe Says Feds Ignoring Calls For Recognition Of Gov't

LAW360 (Native feed) - September 16, 2019 - 3:58pm
The California Valley Miwok Tribe has sued the U.S. Department of the Interior, claiming in D.C. federal court the agency has failed to respond to requests for recognition of its governing body.

Wis. Tribe Tells 7th Circ. Its Reservation Wasn't Shrunk

LAW360 (Native feed) - September 16, 2019 - 1:58pm
The Oneida Nation urged the Seventh Circuit to overturn a ruling that the tribe must get a Wisconsin village's permit to stage an apple festival, saying the tribe's treaty-established reservation hadn't been reduced in size and therefore still included the location of the event.

Early Sampling Of Electronic Info Is Underutilized In Discovery

LAW360 (Native feed) - September 16, 2019 - 1:43pm
The early and prompt provision of samples from all electronically stored information sources as a part of ESI protocol search methodology is consistent with the Federal Rules of Civil Procedure and may allow for significant cost savings during discovery, says Zachary Caplan at Berger Montague.

Oklahoma turns to private law firm for help with tribal gaming compacts

INDIANZ.COM (gaming) - September 16, 2019 - 12:59pm
The state of Oklahoma is relying on outside legal expertise as it seeks to negotiate new Class III gaming compacts with tribes despite major disagreements about the upcoming talks.

Calif., NM Urge 9th Circ. To Block Border Wall Funding

LAW360 (Native feed) - September 16, 2019 - 12:54pm
California and New Mexico on Friday urged the Ninth Circuit to reverse a district court’s denial of an injunction that would halt two border wall construction projects, arguing that the federal government is encroaching on the states’ sovereignty and environmental rights.

Opioid MDL Cos. Accused Of 'Inventing' Comments By Judge

LAW360 (Native feed) - September 16, 2019 - 12:39pm
Attorneys for local governments on Monday accused drug distributors and pharmacies of "inventing" statements by U.S. District Judge Dan Aaron Polster in order to make him appear biased, urging the court to reject the companies' disqualification bid.

Pueblo of Santa Ana issues statement to 'disavow' connection to Donald Trump rally

INDIANZ.COM (gaming) - September 16, 2019 - 12:00pm
The Pueblo of Santa Ana wants everyone to know that the tribe has nothing to do with Donald Trump's visit to New Mexico.

Tribes take a hit as gamblers in North Dakota turn to electronic pull tabs

INDIANZ.COM (gaming) - September 16, 2019 - 12:00pm
At least two tribes have seen a decline in revenues now that non-Indian pull tab operations are up and running in North Dakota.

Purdue Pharma Files Bankruptcy As Part Of Opioid Settlement

LAW360 (Native feed) - September 16, 2019 - 3:28am
OxyContin maker Purdue Pharma LP filed for Chapter 11 protection in New York late Sunday night, less than a week after reaching a deal to settle more than 2,000 suits by local governments, states and tribes over its alleged role in fueling the opioid crisis.

3 Ways DOJ Is Working To Improve Justice In Indian Country

LAW360 (Native feed) - September 15, 2019 - 4:02pm
As both a federal prosecutor and a member of the Choctaw Nation, I am proud of the U.S. Department of Justice's current efforts to address crime in Indian Country while respecting tribal sovereignty, says Trent Shores, U.S. attorney for the Northern District of Oklahoma.

Reservation Residents Face Long Road To Justice

LAW360 (Native feed) - September 15, 2019 - 4:02pm
Many cases from Native American reservations end up in federal court, which means indigenous victims, defendants and witnesses travel for hours to testify before jurors who have nothing to do with the community where a crime took place.

NARF’s Echohawk On Protecting Tribal Rights

LAW360 (Native feed) - September 15, 2019 - 4:02pm
Almost half a century after helping to found the Native American Rights Fund in 1971 as a young lawyer, John E. Echohawk is still working to advance the rights of Native Americans and Native tribes.

The Court Cases Shaping The Future Of Tribal Jurisdiction

LAW360 (Native feed) - September 15, 2019 - 4:02pm
Congress and the courts have not only chipped away at the judicial sovereignty rights of tribal governments, they've created a dizzying jurisdictional tangle. Cases now working their way up the courts could make it worse.

Can Deputization Pacts Ease Tribes’ Jurisdiction Woes?

LAW360 (Native feed) - September 15, 2019 - 4:02pm
Tribal communities looking to provide public safety despite a tangled jurisdictional framework have sometimes relied on cross-deputization agreements with county sheriffs, which experts say can be a big help. But they don’t work everywhere.

In Indian Country, A ‘Maze Of Injustice’ Persists For Women

LAW360 (Native feed) - September 15, 2019 - 4:02am
Violence against Native American women in the United States is at epidemic levels, but tribes can be hamstrung in their ability to confront the problem. While changes to federal law in 2013 represented a step forward for tribes, many are still waiting for a fix.

BREAKING: Opioid MDL Judge Deserves DQ For Bias, Drug Cos. Say

LAW360 (Native feed) - September 14, 2019 - 7:14am
Drug distributors and pharmacies on Saturday launched a bold attack on the Ohio federal judge supervising multidistrict opioid litigation, accusing him of appearing deeply biased against them and deserving of disqualification.

Enviros Lose Bid To Halt Border Wall In Ariz. Wilderness Areas

LAW360 (Native feed) - September 13, 2019 - 5:12pm
A Washington, D.C., federal judge dismissed three environmental groups' bid to halt construction of the Trump administration's border wall in federally protected Arizona wilderness areas, a week after ruling that Congress has significantly limited federal court's jurisdiction on the matter. 

DOI Clears Way For Energy Development In Arctic Refuge

LAW360 (Native feed) - September 13, 2019 - 2:25pm
The U.S. Department of the Interior has moved forward on a plan for oil and gas development in Alaska, clearing a hurdle that was condemned by environmentalists and Native groups and praised by oil groups and Republican politicians.

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