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Written by Administrator
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Monday, 24 November 2008 05:17 |
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Because Indian Tribes in the United States maintain a legal status more tantamount to an autonomous nation, the business lawyer must be familiar with certain legal doctrines relating to Indian tribes when representing a client in an Indian tribes related business matter.
As discussed in the November/December 2008 issue of the American Bar Association’s Business Law Today, there are two important doctrines affecting business law related to Indian Tribes: The Tribal Sovereign Immunity Doctrine and the Tribal Exhaustion Doctrine.
The Tribal Sovereign Immunity Doctrine is relatively clear-cut; Indian tribes cannot be sued absent consent by Congress or an unequivocal waiver of sovereign immunity by the tribe. Basically, Indian tribes in the United States enjoy immunity very similar to that of an autonomous foreign government or states.
The Tribal Exhaustion Doctrine is a lesser-known doctrine, which was only clarified by the United States Supreme Court in the 1985 case National Farmers Union Ins. Cos. V. Crow Tribe of Indians. Basically, the Tribal Exhaustion Doctrine requires that a party involved in a lawsuit with an Indian tribe first exhaust tribal remedies before proceeding to state or federal court.
The existence of these two doctrines alone pose a significantly different set of circumstances for the business lawyer seeking to represent a client against an Indian tribe or a business within an Indian tribe. For more information about the doctrines, check out the ABA article.
The Ross Law Group is an Austin, Texas based civil litigation law firm that represents clients in a wide-range of business law and employment law related matters. For more information, please feel free to contact us.
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Last Updated on Tuesday, 13 October 2009 14:03 |
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Written by Administrator
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Friday, 17 October 2008 06:17 |
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Bizjournals recently published a breakdown on how the policies of our next president could affect our country's small businesses. Focusing mainly on taxes, healthcare, energy and labor, Bizjournals compares and contracts the potential policies of a John McCain administration and a Barack Obama administration effecting small businesses.
Although the differences are stark, one constant throughout the polices of each candidate is the realization that more governmental regulation of small business is likely.
To learn more about the differences in each candidate's proposals, and how they could have an impact on American small businesses, check out the article here.
The Ross Law Group is a civil litigation law firm that represents clients in employment matters, small business litigation and business formations. If you believe that the experienced attorneys of The Ross Law Group may be able to assist you with your business or employment related matter, please feel free to contact us.
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Last Updated on Tuesday, 01 May 2012 15:56 |
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Written by Administrator
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Wednesday, 08 October 2008 04:38 |
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As reported in the Austin Business Journal, the state of Texas will receive $4.2 million as part of a $62 million settlement with Eli Lilly & Co. Concluding an investigation stemming from 2001, the Texas Attorney General's Office was one of 34 state attorneys general investigating Eli Lilly for unlawfully marketing antipsychotic drugs to health care providers. The total settlement amount is 62 million, which represents the largest mullti-stte consumer protection settlement brought against a pharmaceutical company, according to the Texas attorney general's office. |
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Last Updated on Wednesday, 08 October 2008 06:52 |
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Written by Administrator
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Sunday, 07 September 2008 07:31 |
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As this is clearly one of the closest and most important presidential elections in recent history, we at the Ross Law Group encourage you to vote, whether you are a Democrat, Republican, Independent or other.
With respect to legal issues, please remember that we at the Ross Law Group are here to assist you with your business related legal matters. |
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Last Updated on Tuesday, 13 October 2009 14:05 |
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Written by Administrator
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Friday, 15 August 2008 07:31 |
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As reported in the Austin Business Journal, the unemployment rate in Austin rose to 4.4% for the month of July. Citing the latest report from the Texas Workforce Commission, the number of non-farm jobs in the region dropped 6,600 positions from the month before to 769,600. However, the number of jobs is up 2.1 percent compared to July of last year.
The good news is that Austin's unemployment continues to remain below both the state and national average. The unemployment rate in Texas is around 5% and nationally it is 6%.
At Ross Law Group, we are experienced business and employment lawyers. If you have a business or employment related legal matter that you believe we may be able to assist you with, please feel free to contact our office.
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Last Updated on Tuesday, 13 October 2009 14:05 |
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