In a recent BLT Blog story, “Judge Approves $3.4B Settlement in Native American Class Action” reports that Senior Judge Thomas Hogan in Washington approved a landmark $3.4 billion settlement in a Native American class action that stands to compensate hundreds of thousands of American Indians.  The settlement caps more than 15 years of hostile litigation that featured numerous appeals, trials and failed negotiations.  Hogan called the deal “truly historic.”

The case, named after lead plaintiff Elouise Cobell, sought a historical accounting of trust accounts the government mismanaged for more than a century.  Class members will receive a minimum payment of $1,000, Hogan said.

Hogan awarded $99 million in legal fees for plaintiffs’ lawyers.  The settlement set compensation between $50 million and $99.9 million.  But the deal gave the judge the final say on a reasonable amount in accordance with controlling law.  The Justice Department has urged Hogan to award no more than $50 million in compensation.  Led plaintiffs’ lawyer Dennis Gingold, in court asked Hogan to award more than $99.9 million.  Cobell’s lawyers argued in recent court papers that there was never a cap on fees.  The attorneys argued for a higher amount in order to compensate for the outcome and complexity of the case.