Expect Cert Petition in Kim Craven Appeal to Cobell Settlement Next Week

Matthew L.M. Fletcher

Here.

Here are the musings of Ted Frank (Kim’s former attorney) on the D.C. Circuit decision.

UPDATE: Apparently, Rob C. at ICT has the draft, and published most of the details here.

4 thoughts on “Expect Cert Petition in Kim Craven Appeal to Cobell Settlement Next Week”

  1. Helen N. August 20, 2012 / 2:14 pm

    Fair share? How long has this been going on now? The fact is there may be no chance for any settlement or appropriation of funds depending on what happens in November. Also, depending on what happens as a result of the general election, the next sitting president will likely appoint up to three more Supreme Court justices in an already conservative court. I thought it wasn’t just about money…by the time it gets remotely settled, there will be no time left.

  2. anthony g. August 23, 2012 / 2:58 am

    If this stays in court longer then anyone expecting money from 500-1500 + will be getting less due to funding everything to keep this in court. In the end it is unfair for those families in dire need of this money to recv. less then what has been promised to them, because 3 people want to drop the entire case and get a re-try for more money.

    Native Americans will never see their land again and ever own it, it is best to get what we can now as it can help out famiys and education for native americans

  3. Steve Emery (Wamni Omni Naca) August 24, 2012 / 3:00 pm

    If the Cobell case had been brought in the Federal Court of Claims the settlement could have been made from the United States’ Permanent Judgment Fund without the need for legislation. To get this settlement of the accounting claims, however, the plaintiffs’ attorneys have restated the case as an accounting and breach of trust case to compromise (on short notice) the claims of the plaintiff class. To achieve this sweeping transformation of the case, legislation was needed because it goes beyond the normal requirements of the Federal Rules of Civil Procedure and steps close to, some might say over, the line on constitutional due process.
    It is important for all interested in the Cobell Settlement to know that this Settlement has nothing to do with resolving or addressing any accounting claim, or providing compensation or justice for any mismanagement of any asset (land, minerals), or even holding the Federal Government liable and accountable for these specific wrongs. Justice in the Cobell Settlement? Sadly, no!

  4. Helen N. August 24, 2012 / 4:23 pm

    Thanks. Good point. The lack of transparency on the politics has been sorely lacking in most analyses.

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