Here is the opinion.
An excerpt:
This is the eleventh appeal to this court in nearly two decades of litigation arising out of the Department of the Interior’s misadministration of Native American trust accounts and an ensuing complex, nationwide litigation and settlement. As the case winds down, the class action representatives have appealed the district court’s denial of compensation for expenses incurred during the litigation and settlement process.
We affirm the district court’s denial of additional compensation for expenses for the lead plaintiff, Elouise Cobell, because the district court expressly wrapped those costs into an incentive award given to her earlier. We conclude, however, that the district court erred in categorically rejecting as procedurally barred the class representatives’ claim for the recovery of third-party payments, and remand for the district court to apply its accumulated expertise and discretion to the question of whether third-party compensation can and should be paid under the Settlement Agreement.
Briefs here.
Lower court materials here.
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