D.C. Circuit Affirms Cobell Settlement


Briefs are here.

An excerpt:

This is an appeal from the approval of a class action settlement agreement related to the Secretary of the Interior’s breach of duty to account for funds held in trust for individual Native Americans. Class member Kimberly Craven challenges the fairness of the settlement, contending principally that an impermissible intra-class conflict permeates the scheme to compensate class members for surrendering their established right to injunctive relief and that this conflict undermines the commonality, cohesiveness, and fairness required by Federal Rule of Civil Procedure 23 and due process. The record, however, fails to confirm either the existence of the purported intra-class conflict or a violation of due process. Rather, the record confirms that the two plaintiff classes possess the necessary commonality and adequate representation to warrant certification, and that the district court, therefore, did not abuse its discretion in certifying the two plaintiff classes in the settlement or in approving the terms of the settlement as fair, reasonable, and adequate pursuant to Rule 23(e). Accordingly, we affirm the judgment approving the class settlement agreement.

4 thoughts on “D.C. Circuit Affirms Cobell Settlement

  1. H. Nowlin May 22, 2012 / 11:37 am

    As far as the “impermissible intra-class conflict,” there really wasn’t one or not until collateral appeals were filed. Regarding the right to injunctive relief, up to the extent possible prior to any agreement embodied in a court order and / or settlement, the BIA / DOI were ordered to stop and change the procedures used to manage trust accounts. The settlement terms assists in this process further. Like mentioned previously, the settlement may not be the best outcome but it sure was a hard, long battle to get even to that resolution. I wonder if the amount settled upon is still in a bank account somewhere and available for dispersal?

  2. william p. tyndall sr. June 6, 2012 / 4:35 pm

    this case has been in court for how many years?I think it is time to disburse the funds that president Obama ordered resolved.what is actually delaying this case?our country can take care of all the foreign countries that are at war with themselves,but cannot care for their own people.What is wrong with this picture?

Comments are closed.