your internet resource on facebook on twitter on Google+ on soundcloud
phone: 202 630 8439
Health Coverage for American Indians and Alaska Natives
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:
Controversy brews as House takes up Native American Energy Act (10/6)
Native Sun News: Crow Tribe leader advises Rep. Zinke on energy (10/6)
Lakota Country Times: Program for Native students closes down (10/6)
Mark Trahant: Far too many missing and murdered Native women (10/6)
Alfred Walking Bull: Let's open up about suicide in Indian Country (10/6)
Raina Thiele: Alaska Natives share culture with President Obama (10/6)
Mary Pember: Fashion show tackles trafficking in Indian Country (10/6)
Torivio Fodder: Pope Francis ignores sins of Indian mission era (10/6)
Sac and Fox Nation disappointed by denial of Jim Thorpe case (10/6)
Flandreau Santee Sioux Tribe expects big crowd for pot kickoff (10/6)
Colville Tribes pass resolution for small amounts of marijuana (10/6)
Disaster declaration covers Catawba Nation in South Carolina (10/6)
Leader of Comanche Nation disputes removal of administrator (10/6)
Osage Nation accuses former employee of adding non-Indians (10/6)
Donald Trump doesn't think NFL team's racist name should go (10/6)
Supreme Court declines to hear appeals in two gaming cases (10/6)
San Pasqual Band loses claim for damages in gaming dispute (10/6)
New Eastern Cherokee chief takes aim at gaming commission (10/6)
Chemehuevi Tribe hosts public hearing for new gaming facility (10/6)
Little Traverse Bay Bands consider Class II for second casino (10/6)
Supreme Court rejects petitions in four more Indian law cases (10/5)
Senate Indian Affairs Committee weighs seven bills at hearing (10/5)
Senate Indian Affairs Committee schedules business meeting (10/5)
Secretary Jewell heads to Oklahoma for tribal trust settlement (10/5)
IHS reopens comment period for Aquinnah Wampanoag Tribe (10/5)
BIA backs extension of Rosebud Sioux Tribe gaming compact (10/5)
Native Sun News: Code Talker medals seen in traveling exhibit (10/5)
Lakota Country Times: Oglala Sioux Tribe and FEMA cooperate (10/5)
James Giago Davies: Don't let dominant culture dumb us down (10/5)
Vi Waln: Domestic violence comes in many forms on reservation (10/5)
Gyasi Ross: Republicans play games with Native women's rights (10/5)
Rosanna Deerchild: A terrifying reality facing indigenous women (10/5)
Steve Russell: Indians met Christianity at its most violent phase (10/5)
Alex Jacobs: Pope Francis honors symbol of genocide in America (10/5)
Joseph Hamilton: Tribal leaders must talk about disenrollments (10/5)
Tara Houska: Horror film treats Native peoples as relics of past (10/5)
Cow Creek Band employee lost son in deadly shooting in Oregon (10/5)
Flandreau Santee Sioux Tribe fully booked for launch of pot resort (10/5)
Chukchansi Tribe picks leaders and hires gaming commissioners (10/5)
Cowlitz Tribe turned down Donald Trump for gaming partnership (10/5)
Eastern Cherokees see tangible benefits from gaming enterprise (10/5)
Navajo Nation to offer housing for employees of casino in Arizona (10/5)
Poarch Creeks lose ruling over slot machines at Florida racetrack (10/5)
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.