indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Dynamic Homes
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...
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Indian farmers question Keepseagle attorneys (8/22)
Brandon Ecoffey: Navajo golfer Rickie Fowler is a fast-rising star (8/22)
Oglala Sioux leader and educator Gerald One Feather passes on (8/22)
Indigenous Fine Arts Market kicks off big weekend in New Mexico (8/22)
Gyasi Ross: Native people are all too familiar with police brutality (8/22)
Melanie Yazzie: Border town violence connected to colonization (8/22)
Ray Young Bear: No tribal member wants to be known by R-word (8/22)
Washington Post: Editorial board will no longer use R-word 'slur' (8/22)
Matthew Murguia: The facts are clear on Washington NFL mascot (8/22)
Three Indian artists selected as NEA's National Heritage Fellows (8/22)
President of Navajo Nation bans smoking in executive buildings (8/22)
Recently recognized Tejon Tribe to close enrollment next month (8/22)
Cowlitz Tribe pays $1.4M for building to be used as medical office (8/22)
Nooksack Tribe must answer to casino loan lawsuit in state court (8/22)
Menominee Nation remains confident with off-reservation casino (8/22)
Forest County Potawatomi Tribe parts ways with 'face' of casino (8/22)
Iipay Nation plans to offer real money Internet poker next week (8/22)
Seneca Nation shared $13.9M in casino revenue with community (8/22)
Native Sun News: DOJ backs tribes in ICWA case in South Dakota (8/21)
Jeffrey Whalen: Oglala Sioux Tribe's police force is in 'shambles' (8/21)
Ryan Wilson: Native language immersion programs need support (8/21)
Oklahoma City Indian Clinic celebrates grand opening of building (8/21)
Walt Lamar: Remove Gary Edwards from law enforcement group (8/21)
Secretary Jewell issues order and guidance on trust relationship (8/21)
Confederated Salish and Kootenai Tribes see $7.4M for buyback (8/21)
North Dakota tribe accused of concealing data on pipeline spill (8/21)
Navy rejects transfer of surplus property to Narragansett Tribe (8/21)
Kake Tribe returns to site of 1857 deadly attack in Washington (8/21)
Opinion: Nez Perce Tribe defends its homeland from big energy (8/21)
KCUR: Modern and historic Indian art on display in Kansas City (8/21)
Mike Wise: Longtime NFL referee avoided Washington's games (8/21)
Enterprise Rancheria sues state over delayed Class III compact (8/21)
Santee Sioux Tribe working to bring more attractions to casino (8/21)
Mashantucket Tribe sees credit hit as casino competition grows (8/21)
Chumash Tribe to respond to concerns about casino expansion (8/21)
Travel: Smoking allowed at tribal casinos in northern California (8/21)
Native Sun News: Oglala Sioux Tribe gears up for uranium battle (8/20)
Eyapaha Today: J. Waylon Miller leads Friends of Cesar Romero (8/20)
Sandra Fox: Fixing the education system for our Indian children (8/20)
Albert Bender: US-backed genocide in Guatemalan spurs exodus (8/20)
Mark Chavaree: Penobscot Nation fights to save namesake river (8/20)
Mark Rogers: One more day with post-traumatic stress disorder (8/20)
Still no word on Cobell payments as end of August approaches (8/20)
Native boy found safe after going missing for nearly 24 hours (8/20)
9th Circuit allows Lummi Nation to pursue fishing rights claims (8/20)
St. Regis Mohawk Tribe gains support for land claim agreement (8/20)
Delaware Tribe to discuss plans for land with officials in Kansas (8/20)
Wind River Reservation students enjoy back-to-school haircuts (8/20)
Review: Native man serves as anti-hero in 'Winter In The Blood' (8/20)
Bill introduced to extend recognition to Clatsop-Nehalem Tribe (8/20)
Governor pressed on Menominee Nation off-reservation casino (8/20)
Group seeks referendum on Tohono O'odham Nation casino deal (8/20)
Lawmakers approve Class III gaming compact with Karuk Tribe (8/20)
Enterprise Rancheria awaits action on Class III gaming compact (8/20)
Wampanoag casino opponents hope to catch Obama's attention (8/20)
Opinion: Tribal gaming creates short term and long term benefits (8/20)
Native Sun News: Oglala man's business dealings under scrutiny (8/19)
Mark Trahant: Behind the scenes of Obamacare in Indian Country (8/19)
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.