Objector’s Arguments of Unfairness Fall Flat; $3.4 Billion Cobell Settlement Affirmed

A $3.4 billion settlement resolving 16-year-old claims that the U.S. government breached its duty to account for funds held in trust for Native Americans received approval from the U.S. Court of Appeals for the D.C. Circuit May 22 over a class member’s objections (Cobell v. Salazar, D.C. Cir., No. 11-5205).

Class member Kimberly Craven objected that the settlement—which provided a lump sum payment for all class members plus a pro rata share of remaining funds for some subclass members—created an impermissible conflict among class members that undermined the commonality, cohesiveness and fairness required by Fed. R. Civ. P. ...