NY AG Rips 'Secret' Info From 'Besmirched' Arnold & Porter

LAW360 (Native feed) - August 15, 2022 - 7:11pm
One year after extraordinary cover-up claims erupted in opioid litigation, the New York Attorney General's Office is accusing Arnold & Porter of wielding "secret evidence" to dodge well-deserved discipline, while the BigLaw firm says Empire State lawyers are dragging out the saga to wreck its reputation.

Okla. Court Fit For Cherokee Opioids Suit, 10th Circ. Told

LAW360 (Native feed) - August 15, 2022 - 4:55pm
The Cherokee Nation urged the Tenth Circuit on Monday to support a decision to send back to Oklahoma state court the tribe's claims that three national pharmacy chains contributed to opioid addiction on the tribe's reservation, saying a district judge was either required to remand the suit or had the discretion to do so.

Attorneys Should Note Judges' Financial Conflicts Of Interest

LAW360 (Native feed) - August 15, 2022 - 1:50pm
The Federal Circuit's recent ruling vacating a $2.75 billion judgment in Centripetal Networks v. Cisco should be a wake-up call for lawyers that they and their clients could pay a heavy price if a judge with financial ties to a litigant fails to take appropriate action, says Deborah Winokur at Cozen O'Connor.

9th Circ. Says Tribal Co. Has Immunity, Even If 'Unfair'

LAW360 (Native feed) - August 15, 2022 - 1:37pm
A California tribal entity has sovereign immunity that shields it from a consulting firm's complaint over alleged wage and hour violations during the cleanup of wildfire damage on reservation land, even if that leaves the company with no path to litigate its dispute, a Ninth Circuit panel ruled. 

Trump-Era Species Regs Should Go Back To FWS, Court Told

LAW360 (Native feed) - August 15, 2022 - 12:32pm
Federal regulators have asked a California federal judge to let them revise several measures that the Trump administration took to weaken the Endangered Species Act, arguing that the court should not have repealed those policies when it remanded them to the U.S. Fish and Wildlife Service last month.

RICO Claims Cut In Cayuga Nation Suit To Block Pot Sellers

LAW360 (Native feed) - August 15, 2022 - 9:43am
A New York federal judge has thrown out Racketeer Influenced and Corrupt Organizations Act claims in a suit brought by the Cayuga Nation alleging a group of people conspired to illegally sell cigarettes and cannabis within its territory, saying the nation hasn't established the level of harm needed to support the claims.

Obama-Era Coal Policy Reignited Pending Fed Review

LAW360 (Native feed) - August 12, 2022 - 6:39pm
A Montana federal judge Friday reinstated a halt on federal coal leasing that was imposed by the Obama administration and then gutted by the Trump administration, saying a federal review needs to be completed to analyze the environmental effects of rolling back the moratorium.

Tribes Urge Justices To Back Indian Child Welfare Act

LAW360 (Native feed) - August 12, 2022 - 4:21pm
Five Native American tribes urged the U.S. Supreme Court on Friday to uphold the Indian Child Welfare Act, saying Congress constitutionally used its power in the law to keep Indian families together and shield tribes from "destruction."

Calif. Tribe's Fed. Casino Construction Suit Tossed — For Now

LAW360 (Native feed) - August 12, 2022 - 2:24pm
A California federal judge has temporarily dismissed the Coyote Valley Band of Pomo Indians' suit against a Golden State judge and other defendants in the tribe's long-running dispute over a casino project, saying on Friday that the district court is the wrong venue for the case.

SD County Must Fix Native American Vote Dilution

LAW360 (Native feed) - August 12, 2022 - 1:46pm
A South Dakota county must change its current voting system after a federal judge ruled that county officials likely violated the Voting Rights Act by diluting Native Americans' voting and that a new plan must be found, even with elections approaching in November.

Indian Gaming Revenues Rebound, Up 13% Over 2019 Levels

LAW360 (Native feed) - August 12, 2022 - 1:32pm
The National Indian Gaming Commission has reported a 40% year-over-year increase in gross gaming revenue totaling $39 billion for the 2021 fiscal year, indicating that the industry has rebounded from the COVID-19 pandemic.

Live Nation, Coachella End Infringement Suit Over Tribe Event

LAW360 (Native feed) - August 12, 2022 - 1:30pm
The creators of the Coachella Music Festival have agreed to settle their lawsuit against Live Nation Entertainment accusing the concert promoter of contributing to trademark infringement by helping a Native American tribe sell tickets for its Coachella Day One 22 music event.

Inflation Reduction Act Loan Funds Will Aid Energy Innovation

LAW360 (Native feed) - August 12, 2022 - 1:07pm
By providing an extra $70 billion to the U.S. Department of Energy's Loan Program Office, the Inflation Reduction Act has the potential to significantly increase financing for innovative energy production and storage projects — and to do so in a fiscally responsible manner, say attorneys at Kilpatrick.

8th Circ. Ends Minn. Pipeline Appeal After Tribe Ruling

LAW360 (Native feed) - August 12, 2022 - 12:46pm
The Eighth Circuit has agreed to end an appeal by the Minnesota Department of Natural Resources seeking to keep a dispute with the White Earth Band of Ojibwe in federal court, saying the matter is moot after the tribe's own courts declined to exercise jurisdiction over the dispute.

Preparing For Small Biz Subcontractor Evals After New Rules

LAW360 (Native feed) - August 12, 2022 - 12:04pm
With the U.S. Small Business Administration's rules requiring prime contractors to provide past-performance evaluations going into effect this month, large government contractors and small business subcontractors should consider the additional administrative burdens and compliance risks, says Tyler Evans at Steptoe & Johnson.

A Law Firm's Guide To Avoiding Client Conflicts

LAW360 (Native feed) - August 12, 2022 - 12:04pm
With the pace of law firm mergers accelerating, Mark Hinderks at Stinson reviews the conflict of interest rules that may derail a deal or cause a firm to lose a new or existing client, and how courts have filled in perceived gaps in the rules.

The Quiet Power Of Amy Coney Barrett

LAW360 (Native feed) - August 12, 2022 - 10:46am
She is not the most talkative at oral arguments nor does she write the most opinions, but Justice Amy Coney Barrett is a key player in the U.S. Supreme Court's conservative majority who seems to be in control over the law's rightward push.

Calif.'s Broad Nuisance Law Key To Walgreens Opioid Liability

LAW360 (Native feed) - August 11, 2022 - 7:32pm
A California federal judge's decision Wednesday holding Walgreens liable for substantially contributing to the opioid crisis in San Francisco was bolstered by the Golden State's broad public nuisance law, but whether other states similarly apply the legal doctrine remains to be seen, lawyers told Law360.

Winless In Opioid Bouts, Will Pharmacies Throw In The Towel?

LAW360 (Native feed) - August 11, 2022 - 7:15pm
A California federal judge's walloping of Walgreens over its narcotic painkiller sales in San Francisco has left pharmacy chains 0 for 2 in opioid trials and is casting doubt on the companies' apparent plans to continue stepping into the legal ring with government adversaries.

NM Judge Trims Navajo Farmers' Claims In Gold King MDL

LAW360 (Native feed) - August 11, 2022 - 4:36pm
A New Mexico federal judge on Thursday cut some claims and preserved others brought by Navajo farmers and ranchers against the U.S. Environmental Protection Agency and an EPA contractor for noneconomic damages from the 2015 Gold King Mine spill.


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