A recent BLT Blog post, “Two House Republicans Push Limiting Cobell Legal Fees to $50M” reports that two House Republicans last week introduced legislation to cap the legal fees in the Cobell v. Salazer case at $50 million.  The bill that Rep. Don Young (R-Alaska) and Rep. Doc Hastings (R-Wash.) introduced was referred to the House Judiciary Committee and to the House Committee on Natural Resources.

Plaintiffs’ lawyers for Cobell said they should receive at least $223 million in fees, an amount based in large part on a 14.75% contingency fee arrangement.  Cobell’s lawyers cited the novelty of the case and its duration – the suit was filed in 1996.  The attorneys also said $223 million in on the low end of the percentage scale for lawyers who successfully handle complex class action litigation.

Responding to the criticism, Dennis Gingold, lead plaintiffs’ attorney, said that the demand to cap attorney fees raises separation of power issues, since the settlement has already received preliminary approval and is pending before a federal district judge.  Two members of Congress, Gingold said are “trying to limit the authority of a United States district judge.  There is a substantial separation of powers issue.”