Drummond Woodsum Attorneys at Law

Portland, ME        207.772.1941
Portsmouth, NH        603.433.3317
Manchester, NH        603.716.2895
Lebanon, NH        603.448.2221
800.727.1941



KAIGHN SMITH, Jr.

Attorney PDF 



207.253.0559 Phone
207.772.3627 Fax

Email

84 Marginal Way, Suite 600
Portland, ME 04101-2480


Assistant: Jennifer Leonard




PRACTICE AREAS

Employment & Labor
Environmental & Natural Resources
Litigation
Appellate Business & Commercial Litigation
Tribal Nations Practice Group
Tribal Nations Labor & Employment

EDUCATION

University of Maine School of Law, J.D., 1986

University of Sussex, M. Phil, with honors, 1983

University of California Berkeley, B.S. , phi beta kappa, 1979


BAR & COURT ADMISSIONS

Maine
Keweenaw Bay Indian Community Tribal Court
Little River Band of Ottawa Indians Tribal Court
Mohegan Tribe Gaming Disputes Court
Passamaquoddy Tribal Court
Penobscot Nation Tribal Court
Pokagon Band of Potawatomi Indians Tribal Court
Pueblo of Laguna Tribal Court
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court, District of Columbia
U.S. District Court, District of Maine
U.S. District Court, Western District of Michigan
U.S. Supreme Court

MEMBERSHIPS

American Law Institute, 2007-present

Maine Bar Foundation, 2005-present

Maine Bar Journal
Editorial Advisory Committee, 1989-2001/ Chief Editor, 1999-2001


Edward T. Ginoux Inns of Court
Senior Attorney, 1999-2001


Maine State Bar Association


COMMUNITY/PUBLIC SERVICE

University of Maine School of Law, American Indian Law
  Adjunct Professor


National Ski Patrol, Sugarloaf Mountain; Stub Taylor, Pat Murphy Award (2008)
  Alpine Patroller (1998-2010)


Portland Public Library Board of Trustees
  Member (2003-2010)


Portland Public Library Executive Director Search Committee
  Chair (2005)




PRACTICE AREAS

Employment & Labor
Environmental & Natural Resources
Litigation
Appellate Business & Commercial Litigation
Tribal Nations Practice Group
Tribal Nations Labor & Employment

EDUCATION

University of Maine School of Law, J.D., 1986

University of Sussex, M. Phil, with honors, 1983

University of California Berkeley, B.S. , phi beta kappa, 1979


BAR & COURT ADMISSIONS

Maine
Keweenaw Bay Indian Community Tribal Court
Little River Band of Ottawa Indians Tribal Court
Mohegan Tribe Gaming Disputes Court
Passamaquoddy Tribal Court
Penobscot Nation Tribal Court
Pokagon Band of Potawatomi Indians Tribal Court
Pueblo of Laguna Tribal Court
U.S. Court of Appeals for the District of Columbia Circuit
U.S. Court of Appeals for the First Circuit
U.S. Court of Appeals for the Sixth Circuit
U.S. District Court, District of Columbia
U.S. District Court, District of Maine
U.S. District Court, Western District of Michigan
U.S. Supreme Court

MEMBERSHIPS

American Law Institute, 2007-present

Maine Bar Foundation, 2005-present

Maine Bar Journal
Editorial Advisory Committee, 1989-2001/ Chief Editor, 1999-2001


Edward T. Ginoux Inns of Court
Senior Attorney, 1999-2001


Maine State Bar Association


COMMUNITY/PUBLIC SERVICE

University of Maine School of Law, American Indian Law
  Adjunct Professor


National Ski Patrol, Sugarloaf Mountain; Stub Taylor, Pat Murphy Award (2008)
  Alpine Patroller (1998-2010)


Portland Public Library Board of Trustees
  Member (2003-2010)


Portland Public Library Executive Director Search Committee
  Chair (2005)




Kaighn Smith, Jr. leads Drummond Woodsum’s nationwide Tribal Nations Practice Group and is a member of the firm’s Trial Services Group.  He is a seasoned civil litigator in the field of federal Indian law and in civil rights, labor and employment, and contractual disputes.  Kaighn fights for tribal nations in the federal, state, and tribal courts and before federal administrative agencies across the country.  He has won cases in a wide range of areas, including jurisdiction and sovereignty disputes, gaming matters, labor and employment relations, land-in-trust and environmental matters, and fishing and water rights.

Since 2012, Kaighn has served as associate reporter (with Professors Matthew L.M. Fletcher and Wenona Singel) on the Restatement of American Indian Law for the American Law Institute. In 2011, he published the leading treatise, Labor and Employment Law in Indian Country, with the Native American Rights Fund.  He is listed in Chambers USA and in Best Lawyers in America for the category of Native American Law.
 
Kaighn clerked for Judge Frank M. Coffin at the U.S. Court of Appeals for the First Circuit and for Justice Louis Scolnik at the Maine Supreme Judicial Court.  He serves as Adjunct Professor of American Indian Law at the University of Maine School of Law.


REPRESENTATIVE CLIENTS & MATTERS

  • Monga v. Natíl Endowment for Arts, 323 F. Supp. 3d 75 (D. Me. 2018) (securing preliminary injunction under the Equal Protection Clause)

  • Penobscot Nation and United States v. Maine Attorney General, et als, Nos. 16-1424, 16-1435, 16-1474, 16-1482 (1st Cir. 2017) (hunting and fishing rights; reservation boundaries) (pending)

  • Rassi v. Federal Program Integrators, 69 F.Supp.3d 288 (D. Me. 2014) (securing tribal court exhaustion)

  • Francis v. Dana-Cummings, 962 A.2d 944 (Me. 2008) (securing tribal court jurisdiction)

  • Taxpayers of Michigan Against Casinos v. State of Michigan, 732 N.W.2d 487 (Mich. 2007) (securing compact validity)

  • TOMAC v. Norton, 433 F.3d 852 (D.C. Cir. 2006) (securing land into trust)

  • Inyo County, California, et al. v. Paiute-Shoshone Indians of the Bishop Community, 538 U.S. 701 (2003) (amicus brief team)

  • Penobscot Nation v. Fellencer, 164 F.3d 706 (1st Cir. 1999), cert. denied, 527 U.S. 1022 (1999) (securing exclusive tribal jurisdiction over civil rights dispute; freedom from application of state law)

  • Akins v. Penobscot Nation, 130 F.3d 482 (1st Cir. 1997) (securing exclusive tribal jurisdiction over civil rights dispute; freedom from application of federal and state law)

  • AWARDS

    • Best Lawyers USA, Native American Law 2008-2020
    • New England Super Lawyers, Native American Law, Employment & Labor 2011-2018
    • Chambers USA, Nationwide, Native American Law
    • Martindale Hubbell, BV Distinguished
    PUBLICATIONS


    Kaighn Smith, Jr. leads Drummond Woodsum’s nationwide Tribal Nations Practice Group and is a member of the firm’s Trial Services Group.  He is a seasoned civil litigator in the field of federal Indian law and in civil rights, labor and employment, and contractual disputes.  Kaighn fights for tribal nations in the federal, state, and tribal courts and before federal administrative agencies across the country.  He has won cases in a wide range of areas, including jurisdiction and sovereignty disputes, gaming matters, labor and employment relations, land-in-trust and environmental matters, and fishing and water rights.

    Since 2012, Kaighn has served as associate reporter (with Professors Matthew L.M. Fletcher and Wenona Singel) on the Restatement of American Indian Law for the American Law Institute. In 2011, he published the leading treatise, Labor and Employment Law in Indian Country, with the Native American Rights Fund.  He is listed in Chambers USA and in Best Lawyers in America for the category of Native American Law.
     
    Kaighn clerked for Judge Frank M. Coffin at the U.S. Court of Appeals for the First Circuit and for Justice Louis Scolnik at the Maine Supreme Judicial Court.  He serves as Adjunct Professor of American Indian Law at the University of Maine School of Law.


    REPRESENTATIVE CLIENTS & MATTERS

  • Monga v. Natíl Endowment for Arts, 323 F. Supp. 3d 75 (D. Me. 2018) (securing preliminary injunction under the Equal Protection Clause)

  • Penobscot Nation and United States v. Maine Attorney General, et als, Nos. 16-1424, 16-1435, 16-1474, 16-1482 (1st Cir. 2017) (hunting and fishing rights; reservation boundaries) (pending)

  • Rassi v. Federal Program Integrators, 69 F.Supp.3d 288 (D. Me. 2014) (securing tribal court exhaustion)

  • Francis v. Dana-Cummings, 962 A.2d 944 (Me. 2008) (securing tribal court jurisdiction)

  • Taxpayers of Michigan Against Casinos v. State of Michigan, 732 N.W.2d 487 (Mich. 2007) (securing compact validity)

  • TOMAC v. Norton, 433 F.3d 852 (D.C. Cir. 2006) (securing land into trust)

  • Inyo County, California, et al. v. Paiute-Shoshone Indians of the Bishop Community, 538 U.S. 701 (2003) (amicus brief team)

  • Penobscot Nation v. Fellencer, 164 F.3d 706 (1st Cir. 1999), cert. denied, 527 U.S. 1022 (1999) (securing exclusive tribal jurisdiction over civil rights dispute; freedom from application of state law)

  • Akins v. Penobscot Nation, 130 F.3d 482 (1st Cir. 1997) (securing exclusive tribal jurisdiction over civil rights dispute; freedom from application of federal and state law)


  • AWARDS

    • Best Lawyers USA, Native American Law 2008-2020
    • New England Super Lawyers, Native American Law, Employment & Labor 2011-2018
    • Chambers USA, Nationwide, Native American Law
    • Martindale Hubbell, BV Distinguished
    PUBLICATIONS


    NEWS

    Kaighn Smith Jr. Cited by Ninth Circuit
    September 3, 2019

    Thirty Seven Drummond Woodsum Attorneys Are Recognized by Best Lawyers
    August 21, 2019

    Best Lawyers in America Recognizes 33 Drummond Woodsum Attorneys
    August 16, 2018

    Drummond Woodsum Represents Maine Champion Poet Who Canít Compete Nationally Because of His Immigration Status
    April 13, 2018


    ARTICLES

    Unique Considerations at Play: Litigating Indian Law Issues in State and Federal Appellate Courts
    November 2, 2018

    Federal Indian Law: Taking Account of the Lessons of History
    October 19, 2017

    Tribal Employee Not Shielded By Sovereign Immunity
    April 26, 2017

    The Multiple Manifestations of Sovereign Immunity
    March 3, 2017

    PRESENTATIONS

    The Tribal Human Resources Professional Certification Summit
    June 3-6, 2019


    Tribal In-House Counsel Association, Sovereign Immunity and Tribal Enterprises, The Fundamentals
    April 24, 2019


    Professional Responsibility & Ethical Obligations, 15th Annual ILPC/TICA Indigenous Law Conference
    November 15, 2018


    NCAI Annual Convention Panelist on Economic Success and Tribal Employment Laws
    October 21-26, 2018








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