indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Cobell headed to resolution in appeals court
Friday, August 29, 2008
Filed Under: Cobell

A federal judge on Thursday said he will issue a final order in the Indian trust fund case by the end of next week so the Cobell plaintiffs can pursue an appeal.

Judge James Robertson agreed that resolution of the appeal could affect the final amount owed to Indian beneficiaries. So rather than start a process to distribute the money, he said he would wait to hear from the D.C. Circuit Court of Appeals.

"What the plaintiffs are most concerned about is the amount had too few zeroes than they wanted," Robertson said of his August 7 decision to award $455.6 million to the plaintiffs.

Led by Elouise Cobell, a member of the Blackfeet Nation of Montana, the plaintiffs contend they are owed much more for the federal government's failure to account for their trust funds. They had asked for up to $46 billion during a trial held in June.

The Bush administration, on the other hand, disputed owing any money to hundreds of thousands of Indian beneficiaries. But the $455.6 million was close to an amount the DDepartment of Justice conceded during final days of the trial.

The Cobell plaintiffs now hope to address a slew of issues that might affect the bottom line, said attorney Dennis Gingold. Included is whether account holders are owed some form of interest for the failure to account.

"We believe it will be more efficient ... for issues to be resolved by the court of appeals," Gingold said during a hearing yesterday afternoon.

The Bush administration hasn't decided whether to appeal the case, government attorney Michael Quinn said. But he raised a number of issues that he said need to be resolved in order to distribute any money that is owed to Indian beneficiaries.

Robertson reiterated that his $455.6 million figure does not address any potential damages claims that aren't addressed by the Cobell case. He said his goal since being assigned the 12-year-old lawsuit has been simple.

"My primary concern about this case was getting it done and getting it over with," Robertson.

Robertson again questioned whether the case could be settled without further court proceedings. Some "off line" talks have occurred, Quinn said yesterday, but no details were revealed.

The Bush administration told Congress it would pay $3.5 billion to resolve the historical account and any potential damages claims. But the government also asked for its liability to be terminated for all future claims.

Historical Accounting Decision:
Cobell v. Kempthorne (August 7, 2008)

Related Stories:
Judge to hold first hearing after Cobell decision (8/28)
Howard Dean slams McCain for treatment of Cobell (8/26)
Native finance group supports appeal in Cobell case (8/20)
Off the Reservation: Cobell ruling a slap in the face (8/15)
Jodi Rave: Interior can't find owners of $73M (8/13)
Cobell to appeal $455.6M ruling 'as soon as possible' (8/13)
Jodi Rave: Cobell to appeal $455.6M decision (8/11)
Cobell final ruling of $455.6M disappoints (8/8)
Judge issues final ruling in Cobell trust case (8/7)
Judge to issue final ruling in Cobell case in August (06/26)
Judge to hear final arguments in landmark Cobell trial (06/25)
Washington law firm invests millions in Cobell case (6/23)
Final ruling in Cobell case expected by mid-July (6/20)
En Francais: Elouise Cobell ready for battle (6/19)
Osage Nation seeks to intervene in Cobell case (6/19)
Cobell judge won't rule early on final trial (6/18)
Cobell to appear on NPR program 'Tell Me More' (6/16)
Jodi Rave: Testimony continues in historic Cobell trial (6/16)
Letter: Indians kept poor by federal government (6/16)
Osage trust funds at issue in Cobell lawsuit (6/13)
Editorial: $58B trust payout more than fair (6/13)
Editorial: Indians short-changed by trustee (6/13)
Cobell plaintiffs rest case in trust fund trial (6/12)
Cobell plaintiffs focus on $58B claim at trial (6/11)
Trial seeks to resolve Indian trust fund lawsuit (6/11)
Judge opens landmark trial in Cobell trust fund case (6/10)
Jodi Rave: Cobell happy with opening day of trial (6/10)
Jodi Rave: Cobell trial begins in Washington DC (6/9)
Cobell trust fund case set for final trial (6/3)
After six-plus years, BIA website finally online (05/27)
BIA to be fully online in a couple of months (5/21)
Interior heads back online after disconnect (5/15)
Judge issues pre-trial order in Cobell trust case (5/13)
Bush administration responds to Cobell $58B claim (04/11)
'Rough justice' seen in resolving Cobell case (4/7)
House panel threatens Cobell accounting cut (4/4)
Letter: A small spark of justice in Cobell case (3/31)
Cobell plaintiffs say $58B owed for Indian trust (3/21)
Cobell case set for resolution in court (3/6)
Judge sets June 9 trial to resolve Cobell case (3/5)
Judge to hold Cobell hearing this Wednesday (3/3)
Next hearing in Cobell case set for March 5 (02/21)
Resolution appears near in Cobell trust case (2/19)
Editorial: Settle 'botched' Indian trust fund (02/06)
Editorial: Settle the Indian trust fund lawsuit (2/4)
Kempthorne reiterates $7B Indian trust offer (2/1)
Editorial: A remedy for 'neglect' of Indian trust (2/1)
Cobell: 'Great day in Indian Country' (1/31)
Judge: Cobell historical accounting 'impossible' (1/30)
Cobell statement on historical accounting decision (1/30)
Jim Cason: Historical accounting facts (01/18)



Copyright © Indianz.Com
More headlines...
Stay Connected:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: EPA hears Native views about uranium mining (5/27)
Renae Yellowhorse: Navajo Nation can't cede power to outsiders (5/27)
Donna Loring: Politicians circle the wagons around Maine tribes (5/27)
David Treuer: Andrew Jackson turned on Cherokee Nation allies (5/27)
NCAI responds to criticism from Rep. Young on land-into-trust (5/27)
Lawsuit challenges constitutionality of Indian Child Welfare Act (5/27)
Hopi Tribe seeks to prevent auction of sacred property in France (5/27)
Indian students face harsh punishment at public schools in Utah (5/27)
Menominee Nation school sees dramatic rise in graduation rate (5/27)
Poarch Creeks planning family-friendly entertainment at project (5/27)
Coquille Tribe names executive at economic development entity (5/27)
Cherokee law students eager for summer work on Indian issues (5/27)
USDA sends $125K to Indian economic development corporation (5/27)
County by Pine Ridge Reservation receives justice service grant (5/27)
Rep. Ann Kirkpatrick to challenge Sen. John McCain in 2016 race (5/27)
Law Article: Indian inmate wins religious rights suit in Wisconsin (5/27)
Alaska Native corporation holds election for five seats on board (5/27)
Blood Tribe combats rise in abuse of extremely dangerous drug (5/27)
First Nations housing program brings just 99 homes to reserves (5/27)
Supreme Court won't hear challenge to Graton Rancheria casino (5/27)
Kialegee Tribal Town given extension to respond in gaming case (5/27)
Quapaw Tribe looks to dispel concerns about casino in Arkansas (5/27)
Pokagon Band faces hurdles in plan to develop casino in Indiana (5/27)
California tribes still divided over efforts to legalize online poker (5/27)
Native Sun News: Northern Cheyenne Tribe tackles school truancy (5/26)
Mark Trahant: Native village secures return of ancestral territory (5/26)
Secretary Jewell leads delegation to Indian school in Oklahoma (5/26)
Updated witness list for SCIA hearing on economic development (5/26)
Senate Indian Affairs Committee schedules meeting and hearing (5/26)
Mary Ann Andreas: Candidates must keep informed about tribes (5/26)
Steve Russell: National sovereignty cannot cloak all evil conduct (5/26)
Gabriel Galanda: The tide is turning against tribal disenrollments (5/26)
Vince Two Eagles: Summertime means powwows and Sundances (5/26)
Boyd Cothran: America moves from Civil War to the Indian Wars (5/26)
Vivian Delgado: Native college graduates mark a rite of passage (5/26)
Blackfeet Nation adds 162 names to Montana veterans memorial (5/26)
Native women compete in first Miss Indigenous Ecuador contest (5/26)
Lower Brule Sioux Tribe asks BIA to inspect financial documents (5/26)
Maine tribes hold rally after withdrawing from state Legislature (5/26)
Chemehuevi Tribe to reopen elementary school on reservation (5/26)
Arguments heard in lawsuit over federal judge's racist e-mails (5/26)
Appropriations bill allows VA hospitals to recommend marijuana (5/26)
Editorial: Navajo Nation leader makes right call on Grand Canyon (5/26)
Opinion: Andrew Jackson led horrifying campaigns against tribes (5/26)
Cayuga Nation Leaders: Tribe hasn't authorized gaming facilities (5/26)
Pair last seen at San Pasqual casino found on nearby reservation (5/26)
Chukchansi Tribe remains in talks with NIGC for casino reopening (5/26)
Pala Band finishes $5.7M casino renovation in just a few months (5/26)
Leader of Sandia Pueblo accused of preventing arrest at casino (5/26)
Tim Giago: Boot camp etched forever into the minds of veterans (5/25)
Native Sun News: Newspaper comes home with 14 media awards (5/25)
Gyasi Ross: Martin Sensmeier lands role in major Hollywood film (5/25)
Andre Cramblit: Let's see some real Indian actors on the screen (5/25)
Steven Newcomb: U.S. perpetuates dominance over our nations (5/25)
Valerie Goodness: Don't ignore indigenous ecological knowledge (5/25)
Peter d'Errico: Lawmakers kill bill for indigenous rights in Canada (5/25)
Matthew Scraper: ICWA opponents wrong to cite blood quantum (5/25)
Judge at center of ICWA lawsuit in South Dakota stripped of title (5/25)
Native Sun News: Northern Cheyenne student receives top honor (5/22)
Lakota Country Times: Newspaper takes home a slew of awards (5/22)
James Davies: The new tactic is to pretend racism doesn't exist (5/22)
Thomas O'Rourke: Yurok Tribe is a leader in forest restoration (5/22)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.