Tag Archives: Cobell v. Salazar

Is the D.C. Circuit Too Small To Go En Banc?

Ted Frank of the Center for Class Action Fairness has a post on PointofLaw.com explaining why he thinks the D.C. Circuit’s recent opinion upholding the Cobell settlement was wrongly decided.  (Frank argued the case for the objector.)  Frank asks for advice about whether to petition for rehearing en banc. Continue reading

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After 16 Years and 23 Published Opinions, D.C. Circuit Affirms Cobell Settlement

For an appellate panel whose decision will be known to posterity as Cobell XXIII, the prospect of preventing a two-dozenth published opinion must be tempting. (The district court was already describing this case in Jarndycian terms back in Cobell XX.) The D.C. Circuit yielded to the allure of finality yesterday when it upheld a $3.4 billion settlement in a class action brought 16 years ago by American Indians against the Secretary of the Interior for mismanagement of “Individual Indian Money” trust accounts. Continue reading