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Native American
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									October 03, 2025
									
10th Circ. Rules Modoc Nation's Ex-AG Not Immune From Suit
The Tenth Circuit said Friday that the Modoc Nation's former attorney general isn't entitled to immunity in the Oklahoma tribe's $14.6 million racketeering lawsuit against a computer management company, ruling the ex-official "is the real party in interest."
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									October 03, 2025
									
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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									October 03, 2025
									
NY's Eel Fishing Limits Against Tribal Members Upheld
A New York federal judge ruled Friday that tribal members of the Shinnecock Indian Nation do not have aboriginal rights to fish, free from state regulation, in Shinnecock Bay on the South Shore of Long Island.
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									October 03, 2025
									
Fla. $608M FEMA Grant May Revive Detention Center Suit
A spokesperson for the Federal Emergency Management Agency confirmed Friday that it awarded Florida $608 million in reimbursement funds for building and running mass detention centers, including the so-called Alligator Alcatraz facility in Big Cypress National Preserve.
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									October 03, 2025
									
Jewish Committee Backs Tribes' High Court Voting Challenge
The American Jewish Committee is backing two North Dakota tribes in their Supreme Court bid to undo an Eighth Circuit voting rights order, telling the justices the guiding principle of any democracy is that the government needs to make it easy to cast a ballot.
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									October 03, 2025
									
Court Limits In Congress' NEPA Reform Push Spark Debate
Congressmembers' hopes to facilitate the faster approval of projects that require environmental reviews like pipelines and other energy infrastructure may be an uphill battle despite bipartisan support due to accompanying provisions, such as limited judicial review, that have invited opposition.
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									October 03, 2025
									
Native Groups Urge Action As Shutdown Threatens Services
Federal lawmakers and Native American nonprofits are calling for funding to continue certain services during the U.S. government shutdown, saying they're concerned about the disproportionate harm it could have on tribal communities.
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									October 03, 2025
									
FERC Finding Friendlier Courts In Gas Project Approval Fights
The Federal Energy Regulatory Commission is getting more leeway from courts in lawsuits challenging its gas project approvals following a recent U.S. Supreme Court ruling that curtailed federal environmental reviews, which may ultimately speed up the agency's consideration of projects.
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									October 03, 2025
									
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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									October 02, 2025
									
Feds Say Tribes In Ore. Casino Dispute Misconstrued Ruling
The U.S. Department of the Interior has asked a D.C. federal judge to approve its motion for summary judgment and to oppose three tribes' bid for a win in a suit over the agency's decision to take land into trust for another tribe's casino project.
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									October 02, 2025
									
FERC Issues Trump-Ordered Rule To Phase Out 53 Regs
The Federal Energy Regulatory Commission has finalized a rule to phase out dozens of its regulations, making it the first, and apparently only, federal agency to fully comply with an executive order to sunset energy-related rules.
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									October 02, 2025
									
Mass. Court Denies States' Bid To Block ACA Subsidy Cuts
A Massachusetts federal court has rejected a bid by a coalition of 21 states to stay implementation of a rule that will cut Affordable Care Act subsidies and enforce enrollment restrictions, saying the states hadn't shown imminent or irreparable harm from the policy's costs or possible coverage losses.
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									October 02, 2025
									
Energy Dept. Cancels $7.5B In Blue State Project Awards
The U.S. Department of Energy said it's terminating over $7.5 billion in grants for energy projects, which are primarily clean energy projects located in blue states and include a regional hydrogen hub in California slated to receive a $1.2 billion funding commitment.
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									October 02, 2025
									
Ch. 11 Trustee Appointed In Eventide Bankruptcy
A Texas bankruptcy judge has appointed a Chapter 11 trustee in the bankruptcy of Eventide Credit Acquisitions following a request from the official committee of unsecured creditors.
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									October 02, 2025
									
Feds, Mont. Tribe Dispute $325K Law Enforcement Contract
The Interior Department and the Northern Cheyenne Tribe are both asking for summary judgment wins in a dispute over law enforcement funding after the tribe accused the U.S. government of failing to provide it with adequate services to maintain programs on its 440,000-acre Montana reservation.
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									October 01, 2025
									
Conn. Servers Defend Asking Judge To DQ From Wage Case
A class of servers at a Foxwoods Resort Casino steakhouse have defended their request for a Connecticut judge to disqualify herself from overseeing an upcoming trial, saying she violated the presumption of an adversarial court system by generating new defense arguments.
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									October 01, 2025
									
US, Copper Co. Ask 9th Circ. To Spike Land Transfer Appeal
The U.S. government and a copper company have asked the Ninth Circuit to dismiss conservation groups' and an Apache tribe's appeal of an Arizona federal judge's decision to uphold a federal law authorizing a land exchange.
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									October 01, 2025
									
Gambling Machine Patent Owner Can't Get New Trial
The owner of a gambling machine patent that a jury ruled was not infringed has lost its bid for a new trial, after a Nevada federal judge rejected the argument that the accused infringer made a "highly prejudicial and inflammatory" damages request on its unsuccessful defamation counterclaim.
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									October 01, 2025
									
10th Circ. Says Sex Abuse Case Was Brought In Time
The Tenth Circuit has ruled that because of ambiguity in federal sex abuse statutes, federal courts are required to look to case-specific facts to determine whether a statute of limitations applies in cases of abuse where the victim is under 18 years old.
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									October 01, 2025
									
White House Issues New NEPA Guidance To Federal Agencies
The White House Council on Environmental Quality has released guidance for federal agencies that are working to update their National Environmental Policy Act guidelines.
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									October 01, 2025
									
Muscogee Citizen Fights Okla. Tax Ruling In Supreme Court
A member of the Muscogee Creek Nation is asking the U.S. Supreme Court to overturn an Oklahoma high court ruling that denied her tax-exempt status, arguing the dispute involves an important question of taxing jurisdiction in tribal lands that broke a long line of precedent.
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									September 30, 2025
									
Wash. Lake Cleanup Agencies Sued Over Enviro Review
A man whose house overlooks Capitol Lake in Olympia, Washington, is suing a slew of federal and state government agencies over an estuary restoration project near his residence, alleging they have committed millions of dollars in funds without performing an environmental review.
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									September 30, 2025
									
Senate Bills Look To Return 2,000 Acres To California Tribes
A pair of U.S. senators have introduced a trio of bills that will transfer 2,000 acres of land to three California tribes that the lawmakers say will bring more housing and protections for Indigenous spiritual connections associated with the properties.Â
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									September 30, 2025
									
DC Circ. Backs FERC Approval Of Tenn. Pipeline
The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.
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									September 30, 2025
									
Wis. Legislators Trying Again To Legalize Medical Cannabis
Republican state lawmakers in Wisconsin have introduced a bill to legalize smokeless cannabis products for medical use, more than a year and a half after a similar proposal died.
 
Expert Analysis
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
									Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
									Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
									Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
									My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
									The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Series
Performing As A Clown Makes Me A Better Lawyer
									To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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The CFTC Is Shaking Up Sports Betting's Legal Future
									The sports betting industry faces a potential sea change amid recent state and federal actions across the regulatory landscape that have expanded access to sporting event contracts against the backdrop of waning Commodity Futures Trading Commission opposition, says Nick Covek at Foley & Lardner.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
									Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.
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Move Beyond Surface-Level Edits To Master Legal Writing
									Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
									District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
									Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
									New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
									As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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Justices' Charter School Tie Delays Church-State Reckoning
									The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.
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When Legal Advocacy Crosses The Line Into Incivility
									As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.