Indigenous Peoples Civil Remedies

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BREAKING: Wyoming Federal Court Halts Implementation Of Public Lands Hydraulic Fracturing Rule

Late yesterday, Judge Scott Skavdahl of the federal district court in Wyoming issued a much-anticipated order granting a series of preliminary injunction motions filed in litigation challenging the Bureau of Land Management’s...more

Business Court Enjoins Enforcement Of High Interest Rate Loans Made By American Indian-Related Business

Judge Gale's opinion last week in Western Sky in State v. Western Sky Financial, LLC, 2015 NCBC 84 has a little bit of everything in it: choice of law, the U.S. Constitution, claims for usury (excessive interest rates) and...more

Redskins Trademark Decision

On July 8, 2015, a Virginia District Court ordered the cancellation of six NFL Redskins trademark registrations, under a Lanham Act prohibition against registering marks that “may disparage” a referenced class at the time of...more

Intellectual Property Alert: Federal District Court Affirms Cancellation of “REDSKINS” Marks on Summary Judgment and Holds that...

On July 8, 2015, the Federal District Court of the Eastern District of Virginia affirmed the Trademark Trial and Appeal Board’s cancellation of the REDSKINS federal trademark registrations owned by Pro-Football, Inc....more

Redskins Trademarks – Answers to Key Questions Regarding Recent Ruling

Last week, the U.S. District Court sitting in Alexandria, Virginia granted what would appear to be a sweeping victory to a group of five Native Americans who have renewed attempts to cancel the federal registrations of...more

Does Rule 23(e) Require that Settlement Class Members Receive Notice of Modification to Cy Pres Remedy?

The United States District Court for the District of Columbia recently held that a modification to a settlement agreement was not subject to the procedural protections of Federal Rule of Civil Procedure 23(e) because it would...more

Wisconsin Indian Tribe Prevails – State Cannot Ban Electronic Poker on Reservation

The U.S. Court of Appeals for the Seventh Circuit has overturned a federal district court ruling that had permitted the State of Wisconsin to prohibit the Ho Chunk tribe from offering electronic poker on its reservation...more

Californian court puts tribal online bingo website on ice

A Native American tribe’s attempt to launch an internet bingo website has faced setbacks following a recent court order temporarily restraining the site’s operation. In its decision, the Court made a number of important...more

FTC Settles With Payday Lenders for $21M Plus $285M in Waived Charges

Why it matters - Continuing the regulatory crackdown on payday lenders, the Federal Trade Commission (FTC) reached a proposed settlement with two lenders – AMG Services, Inc. and MNE Services, Inc. – for a $21 million...more

Connecticut Banking Regulator Fines Tribal Payday Lenders

On January 6, the Connecticut Department of Banking issued a cease and desist order against the head of an American Indian tribe and two payday loan companies owned by the tribe for allegedly violating a state cap on interest...more

California Court Grants TRO Against Iipay Nation in Online Bingo Case

On December 12, 2014, Judge Anthony Battaglia of the U.S. District Court for the Southern District of California granted the State of California’s Motion for a Temporary Restraining Order (TRO) against the Iipay Nation of...more

Gaming Legal News: Volume 7, Number 12: Department Of Justice Files Suit Against Santa Ysabel Tribe’s "Desert Rose Bingo" Site

On December 3, United States Department of Justice attorneys filed a complaint in federal court seeking to prevent the Iipay Nation of Santa Ysabel, a federally recognized Indian tribe near San Diego, from continuing to...more

Seventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment

Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable...more

BuckleySandler Achieves Landmark Settlement in Navajo Nation Breach of Trust Lawsuit Against United States

WASHINGTON (June 1, 2014) — BuckleySandler LLP is proud to announce that it has obtained a $554 million settlement on behalf of its client the Navajo Nation. The settlement resolves the Nation’s landmark lawsuit alleging that...more

U.S. Supreme Court Decision in Michigan v. Bay Mills Indian Community et al.

The U.S. Supreme Court (“Court”) issued a 5-4 decision Tuesday in a case with implications for Tribal-State relations and the resolution of disputes under the federal Indian Gaming Regulatory Act, 25 U.S.C. § 2701 et seq....more

Sixth Circuit Grants Stay in Lansing, Michigan, Off-Reservation Casino Case

In an order issued on February 24, 2014, the United States Court of Appeals for the Sixth Circuit granted a stay of its decision in State of Michigan v. The Sault Ste. Marie Tribe of Chippewa Indians (Sixth Circuit Case No....more

Gaming Legal News - February 2014 • Volume 7, Number 5

In This Issue: - BREAKING NEWS: SIXTH CIRCUIT GRANTS STAY IN LANSING, MICHIGAN, OFF-RESERVATION CASINO CASE: In an order issued on February 24, 2014, the United States Court of Appeals for the Sixth Circuit...more

Alberta Court Grants Order Under Public Lands Act Halting Lubicon Blockade

On December 16, 2013, the Alberta Court of Queen’s Bench granted a long-term Order to Penn West Petroleum Ltd. prohibiting several members of the Lubicon Lake Cree from continuing to blockade a permitted access road in the...more

Federal District Court Denies Tribal Lenders’ Attempt To Block New York Internet Lending Investigation

On September 30, the U.S. District Court for the Southern District of New York denied a motion filed by two Native American tribes and related entities seeking to enjoin the New York Department of Financial Services (NY DFS)...more

SCC Rules Roadblock an Abuse of Process Where Legal Remedies Not Exercised

Last week, the Supreme Court of Canada released its decision in Behn v. Moulton Contracting Ltd., 2013 SCC 26. The case sets out some important principles that may be relevant for those who engage in operations in areas where...more

Ninth Circuit Holds Takings Case Must Proceed Through Tribal Court

An eminent decision out of the Ninth Circuit United States Court of Appeals is not a common occurrence. A Ninth Circuit eminent domain decision dealing with intangible property is even less common. Yet, on April 26, 2013,...more

US District Court Judge Orders Washington Highway Culverts Opened for Fish Passage

Federal district court Judge Ricardo Martinez has issued a permanent injunction requiring the Washington State Department of Transportation (“WSDOT”), the Washington State Department of Natural Resources, and the Washington...more

John Ruggie Gives Opening Address at U.N. Forum on Business and Human Rights

On December 4 and 5, more than 1,000 participants from 85 countries gathered for the first U.N. Forum on Business and Human Rights in Geneva, Switzerland. The Forum focused on “trends and challenges” in the implementation of...more

Focus on the Environmental and Aboriginal Law - January 18, 2012

In This Issue 1 Ontario Court Halts Exploration After Mining Company Refused to Consult First Nation 2 Contact Us Excerpt From Ontario Court Halts Exploration After Mining Company Refused to...more

Fee-Shifting Ruling Encourages Intervention in Clean Air Challenges

On December 20, 2011, the U.S. Court of Appeals for the D.C. Circuit expanded fee-shifting incentives for parties that intervene in challenges to Clean Air Act rules issued by the Environmental Protection Agency (EPA). The...more

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