BLT: Showdown over Cobell Fees in Congress

From the Blog of the Legal Times:

The U.S. Senate is poised to vote soon on a jobs-and-tax package that would also authorize a settlement in long-running litigation over American Indian trust accounts. Still to be decided: what the cap will be for attorneys fees in that case.

Lawyers in the case, named for lead plaintiff Elouise Cobell,agreed to cap fees at $100 million. Sen. John Barrasso (R-Wyo.) is proposing to set the cap at $50 million, and he introduced anamendment (PDF) this week to do so.

Senators could vote on the amendment as soon as next week, or they might not consider it at all. A spokeswoman for Senate Majority Leader Harry Reid (D-Nev.) said today that no agreement has been reached.

In a statement, Barrasso said his amendment would benefit the plaintiffs, who lost royalty funds they were entitled to from the use of natural resources on Indian land. “After hearing from both sides to the lawsuit and Indian country, I believe the agreement can be strengthened in a way that benefits individuals, Indian Country, and taxpayers,” he said.

Cobell, of the Blackfeet tribe in Montana, supports the $100 million cap. No plaintiffs have opposed that cap in court. Representing the plaintiffs are D.C. solo practitioner Dennis Gingold and a team from Kilpatrick Stockton.