LAW & TREATY RIGHTS

Enough Already With Opioid Bellwethers, Pharmacies Say

LAW360 (Native feed) - April 28, 2020 - 5:37pm
Big pharmacy chains on Tuesday objected to plans in the multidistrict opioid litigation to select a new bellwether case to test allegations of improper painkiller dispensing, saying another case in Northern Ohio federal court would be overkill.

Navajo Nation Sues DOI For Holding Back Forest Funds

LAW360 (Native feed) - April 28, 2020 - 4:21pm
The Navajo Nation hit the U.S. Department of the Interior with a suit Monday claiming the department is illegally holding back money for the tribe’s forestry program that the government owes under a self-determination contract.

Judge Won't Flinch On 'Disruptive' Nationwide Permit Order

LAW360 (Native feed) - April 28, 2020 - 2:42pm
A Montana federal judge on Tuesday rejected the U.S. Army Corps of Engineers' request that he immediately back off his order killing a nationwide water permit that's commonly used for pipelines and other projects.

FTC, Coal Cos. Feud Over COVID-19 Delay For Deal Challenge

LAW360 (Native feed) - April 28, 2020 - 2:12pm
The Federal Trade Commission asked a Missouri federal judge for an additional three weeks to prepare for a preliminary injunction hearing in a suit disputing a joint venture between two coal companies, citing challenges presented by the coronavirus outbreak.

Tips For Minimizing Law Firm Liability During COVID-19

LAW360 (Native feed) - April 28, 2020 - 1:47pm
Lawyers may be advising clients on COVID-19 matters without the benefit of considered analysis or interpretive guidance, which could lead to legal malpractice suits down the road, but law firm management can mitigate the risks through certain protocols, says Nicole Hyland at Frankfurt Kurnit.

Justices Leave Waters Muddy In County of Maui Sewage Case

LAW360 (Native feed) - April 28, 2020 - 1:15pm
In County of Maui v. Hawaii Wildlife Fund, the U.S. Supreme Court answered the question of whether a discharge to groundwater requires a permit under the Federal Clean Water Act with a muddled maybe — so it may be up to Congress to provide more clarity, says Jeff Porter at Mintz Levin.

3 Recommendations For Cos. Considering Litigation Finance

LAW360 (Native feed) - April 28, 2020 - 9:25am
Litigation finance could be a valuable tool for businesses as they weather the COVID-19 crisis, but it is important to select the right funder and ensure the economics of the funding agreement make sense, says Erika Levin at Lewis Baach.

Virus Funding For Tribes Blocked From Alaska Native Corps.

LAW360 (Native feed) - April 27, 2020 - 7:08pm
A D.C. federal judge handed a group of tribes a major win Monday by preventing the Treasury Department from sending any of $8 billion in funding to fight the COVID-19 pandemic to Alaska Native corporations, but stopped short of awarding federally recognized tribes all the money.

Project Developers Pivot After Nationwide Permit Upended

LAW360 (Native feed) - April 27, 2020 - 5:24pm
Attorneys are scrambling to find creative solutions and salvage time-sensitive projects after a Montana federal judge voided a nationwide permit relied on by developers to get pipelines, renewable energy projects and other major infrastructure off the ground.

Okla. Gov. Defends New Gambling Deals With 2 Tribes

LAW360 (Native feed) - April 27, 2020 - 5:17pm
Oklahoma Gov. Kevin Stitt has fended off criticism by state lawmakers attacking the validity of gaming compacts the governor signed with two Native American tribes right after he moved to release the pair from a gambling suit in federal court, saying he has the authority to negotiate the deals that include sports betting.

DC Circ. Judges Cast Doubt On FERC Pipeline Appeal Delays

LAW360 (Native feed) - April 27, 2020 - 2:37pm
Several D.C. Circuit judges on Monday appeared skeptical that the Natural Gas Act allows the Federal Energy Regulatory Commission to stretch out administrative appeals for pipeline objections by issuing orders tolling requests to reconsider the agency's approvals.

EPA Aims For Balance In Guiding Cleanup During COVID-19

LAW360 (Native feed) - April 27, 2020 - 1:46pm
The U.S. Environmental Protection Agency's interim guidance on site field work decisions in light of COVID-19 contains a tension that can only be resolved by the agency's case-by-case balancing of the risks of coronavirus exposure against possible human health impacts from suspending remediation activities, says Kimberly Bick at Bick Law.

Court OKs Settlement Resolving North Dakota Voter ID Suit

LAW360 (Native feed) - April 27, 2020 - 1:43pm
A North Dakota federal judge on Monday approved a settlement between Native American tribes and North Dakota's secretary of state that expands voter identification options for tribe members at the polls.

A Proposed Technology-Assisted Review Framework

LAW360 (Native feed) - April 27, 2020 - 1:22pm
Cases involving technology-assisted review often suffer from expensive arguments between parties over protocols and accuracy, but a new report card system that would allow litigants and courts to objectively assess a given document review methodology could mitigate those problems, say attorneys at Redgrave and Kirkland.

DC Judge Leery Of Large ANC Share In Tribal COVID-19 Funds

LAW360 (Native feed) - April 24, 2020 - 5:00pm
A D.C. federal judge said Friday he would be “stunned” if the Treasury Department took the position that Alaska Native Corporations could receive a large chunk of $8 billion in COVID-19 funding for tribal governments, and seemed concerned that tribes might lose the chance to challenge such a distribution.

Burial Grounds Suit Doesn’t Belong In Court, Ala. Tribe Says

LAW360 (Native feed) - April 24, 2020 - 2:26pm
The Poarch Band of Creek Indians has told an Alabama federal judge that he lacks jurisdiction to rule on the Muscogee Creek Nation’s claims that the band obtained sacred burial grounds under false pretenses.

Tribes Sue SBA To Secure Small Biz Paycheck Loans

LAW360 (Native feed) - April 24, 2020 - 2:03pm
The U.S. Small Business Administration violated the terms of a coronavirus relief bill when it barred tribal casinos and lenders from applying to the COVID-19 Paycheck Protection Program, a trio of tribes told a South Dakota court Friday.

Casinos Now Eligible For Small Biz COVID-19 Relief Loans

LAW360 (Native feed) - April 24, 2020 - 2:00pm
Casinos with fewer than 500 workers can apply for forgivable coronavirus relief loans through the freshly replenished Paycheck Protection Program, according to an interim final rule posted Friday by the Small Business Administration.

How Lawyers Can Find Equanimity In Crisis

LAW360 (Native feed) - April 24, 2020 - 1:17pm
Lawyers navigating the COVID-19 fallout may think they no longer have time for the “soft” aspects of their work — such as being an outlet for clients' stress — but maintaining equanimity and focusing on the human aspects of lawyering are key to weathering the crisis, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

Tribes, Alaska Cos. Spar Over Qualifying For COVID-19 Funds

LAW360 (Native feed) - April 24, 2020 - 11:37am
Alaska Native Corporations clashed with federally recognized tribes and tribal organizations in D.C. federal court briefs over whether the companies’ role in helping Alaska Native communities weather the COVID-19 crisis entitles them to a share in $8 billion in funding.

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