PFAS, short for per- and polyfluoroalkyl substances, are human-made chemicals used in many industrial and consumer products for their resistance to heat, water, and oil. Because they do not readily break down, PFAS persist in the environment and the human body for decades, earning the name “forever chemicals.”

In addition to contamination originally found in the public water system at the Bug-O-Nay-Ge-Shig School, PFAS have subsequently been detected in the Tribe’s lakes, fish, and wild game, threatening Tribal members’ health and substantially endangering subsistence and cultural practices central to the Tribe’s honored way of life.

In 2023 and 2024, defendants in Leech Lake’s suit entered into separate nationwide settlements related to PFAS contamination in public water systems. However, based on the number of people its water systems serve, Leech Lake could not have participated in many of these settlements. Further, the one prior settlement that Leech Lake could have participated in did not consider tribal interests, required a over-broad release of PFAS-related claims, and would not have adequately compensated Leech Lake for PFAS-related harms. Those trade-offs were not acceptable to the Band, which initiated the 2025 lawsuit.

The Leech Lake Band of Ojibwe is committed to protecting and preserving the water, land, and sky that the Ojibwe people rely on for health, wellness, and spirituality. “The corporations responsible for poisoning our water, land, and people must be held accountable for the damage they have caused in the name of profits for their shareholders,” the Tribe said in announcing the lawsuit. “The products that have caused PFAS pollution were marketed as conveniences to make profits at the expense of the health of humans, animals, and the environment.”

As alleged in the complaint, the defendants in the Band’s lawsuit knew the dangers PFAS posed to human health and the environment, and yet they continued to sell and distribute products containing PFAS. Leech Lake filed this suit to hold them accountable.

(Qui tam is a Latin phrase that means “who sues on behalf of the king as well as for himself”. It’s used to describe a legal action where a private citizen, called a qui tam relator, sues on behalf of the United States government against a person or company that has defrauded the government.)

The distinguished panelists include:

• Jonodev Chaudhuri: Principal at Chaudhuri Law, Ambassador for the Muscogee Creek Nation, former Chairman of the National Indian Gaming Commission, and Senior Counselor to the Assistant Secretary of Indian Affairs at the U.S. Department of the Interior.
• Perrin Rynders: Partner at Varnum Law, who has represented the Saginaw Chippewa Tribe against BCBS Michigan for ERISA/Michigan FCA violations.

The event is free, and open to the public. For more details and to register, visit the FBA’s website.

About Edward Baker

Edward Baker is Of Counsel at Lieff Cabraser Heimann & Bernstein, LLP. He previously served as an Assistant U.S. Attorney in the Eastern District of California, where he was the Civil Healthcare Fraud Coordinator, as well as the Elder Justice Coordinator, within the Affirmative Civil Enforcement practice group. As an AUSA, Mr. Baker investigated numerous FCA cases, including allegations against physicians for medically unnecessary procedures, pharmacies for kickbacks to nursing homes, defense contractors and federal grant recipients for fraudulent billing, and hospitals for up-coding. He was the lead attorney for the United States in an FCA settlement against a group of Fresno cardiologists for performing medically unnecessary nuclear scans, and in a qui tam settlement against Omnicare, Inc., a national long-term care pharmacy, for improperly submitting claims for prescription drugs dispensed to patients in skilled nursing facilities. He worked closely with criminal prosecutors to enhance the district’s parallel proceedings practice and coordinated regular meetings of the EDCA Healthcare Fraud Task Force.

Prior to serving as an AUSA, Mr. Baker was an Assistant Attorney General for the State of Vermont, where he was the Director of the Medicaid Fraud and Residential Abuse Unit. He was a member of the litigation table team for thirty-six states in a qui tam lawsuit against Wyeth and Pfizer for Medicaid pharmaceutical “best price” violations that ultimately resulted in a $785 million settlement. He also laid the groundwork for the enactment of the Vermont False Claims Act and held leadership positions within the National Association of Medicaid Fraud Control Units.

About Emily Harwell

Emily Harwell is an associate in Lieff Cabraser’s New York office. She works in all areas of the firm’s practice, with a particular focus on and interest in representing tribes and tribal governments as plaintiffs.

Ms. Harwell grew up on the Sac and Fox Reservation in Oklahoma. She is a member of the Mvskoke (Muscogee) Creek Nation of Oklahoma. She graduated from Cornell Law School in 2022. While in law school, she served as Executive Editor for the Cornell Journal of Law & Public Policy and clerked at the Native American Rights Fund (“NARF”). As a clerk, Ms. Harwell focused on Native American voting rights litigation against state governments.

Emily will discuss “Land Grab Universities,” focusing on how some U.S. colleges and universities were built on Indigenous lands taken through the Morrill Act.

For more details and to RSVP, you can visit the event website.

About Emily Harwell

Emily Harwell is an associate in Lieff Cabraser’s New York office. She works in all areas of the firm’s practice, with a particular focus on and interest in representing tribes and tribal governments as plaintiffs.

Ms. Harwell grew up on the Sac and Fox Reservation in Oklahoma. She is a member of the Mvskoke (Muscogee) Creek Nation of Oklahoma. She graduated from Cornell Law School in 2022. While in law school, she served as Executive Editor for the Cornell Journal of Law & Public Policy and clerked at the Native American Rights Fund (“NARF”). As a clerk, Ms. Harwell focused on Native American voting rights litigation against state governments.

During the session, the Lieff Cabraser team shared their experiences in representing tribal clients across various legal challenges, including mass tort, environmental damage, and unethical business practices. Their participation highlighted the firm’s commitment to justice for Native American communities and its expertise in navigating the complexities of tribal law.

Organized by the Native American Law Students Association (NALSA), the event provided a valuable learning opportunity for attendees to gain insight into the critical role of legal advocacy in defending tribal rights and to recognize the specific efforts of Lieff Cabraser in this specialized field.

For more information, visit Berkeley Law’s website.

About Lieff Cabraser’s Native American Cases

Lieff Cabraser represents tribes and tribal governments as plaintiffs in many of the firm’s cases, including mass tort, environmental harm, and unfair business practices. Learn more on our tribal practice page.

Global management and consulting company McKinsey & Co. describes itself as “the trusted advisor to the world’s leading businesses, governments, and institutions.” The company was sued in the wake of the national opioids harm litigation for its allegedly integral role in creating and deepening the opioid crisis, including working closely with the major opioid manufacturers, such as Purdue Pharmaceutical, to promote, market, and sell opioids, despite knowing the risks associated with over-prescribing these controlled substances.

In January of 2018, Lieff Cabraser founding partner Elizabeth Cabraser was appointed to the Plaintiffs’ Executive Committee and Settlement Negotiating Committee in the National Prescription Opiates MDL, and was subsequently appointed Plaintiffs’ Lead Counsel in the McKinsey & Co. National Prescription Opiate MDL. The McKinsey cases were assigned to Judge Charles R. Breyer for coordinated discovery and pretrial matters. In October 2022, the Court denied McKinsey’s motion to dismiss plaintiffs from 19 states. In September of 2023, McKinsey agreed to pay $269.5 million to resolve the litigation, including $39.5 million designated for participating federally-recognized Native American Tribes.

According to the proposed settlement, the Tribal payment is open to all 574 federally recognized Tribes, whether or not a Tribe has filed litigation against McKinsey, just as is the case with earlier nationwide tribal opioid settlements. Settlement funds will be allocated among Tribes using the inter-tribal plan of allocation approved and adopted in the related Purdue (Opioid) Bankruptcy. This is the same allocation used to allocate most of the earlier nationwide tribal opioid settlements. The settlement will become effective 30 days after McKinsey concludes that a sufficient number of Tribes have agreed to the settlement by signing a Tribal Participation Form.

In order to participate, a Tribe must sign and submit a Tribal Participation Form through a secure portal that can be accessed through the website https://mckinseytribalsettlement.com. Tribes can also fax, email, or mail their Participation form; full instructions are available on the Tribal Participation website.

Since 2000, CILA has hosted an annual conference dedicated to the exploration of legal topics of interest to California Indian tribes and to provide continuing education on cutting edge legal issues for Native attorneys and attorneys practicing Native law in California. Over the past 20 years, the conference has tackled important issues ranging from employment law, gaming compacting, Indian child welfare, environmental compliance, and more. This year’s theme is “Protecting Tribal Resources”.

Learn more online at www.calindianlaw.org/2023-conference.html.

Lieff Cabraser’s Native American Cases

Lieff Cabraser represents tribes and tribal governments as plaintiffs in many of the firm’s cases, including mass tort, environmental harm, and unfair business practices. Learn more about our extensive Native American case work.