A recent BLT Blog post, “Plaintiffs’ Lawyers Seek $60.8M in Fees in Native American Class Action” reports that plaintiffs’ lawyers who negotiated a $760 million settlement for a class of Native American farmers and ranchers are asking the court for $60.8 million in attorney fees and expenses.  The settlement, in Keepseagle v. Vilsack sets out a range of fees between 4% and 8%.  The class action, filed in 1999 alleged the U.S. Department of Agriculture discriminated against Native Americans in the government’s farm loan program.

The plaintiffs’ attorneys, including lead counsel Joseph Sellers of Washington’s Cohen Milstein Sellers & Toll, said the class lawyers have invested nearly 42,000 hours in the case, amounting to about $16.2 million in fees, based on hourly rates, and $1.6 million in expenses.  The plaintiffs’ lawyers—who also included Paul Smith of Jenner & Block, Anurag Varma of Patton Boggs, and David Frantz of Conlon, Frantz & Phelan—called the fee request “amply justified” based on, among other things, the complexity of the case and the risk that the lawyers would never receive compensation.  The attorneys noted that the fee percentage is less than half the percentage that is typically awarded in Washington federal district court.

Sellers said that Cohen Milstein’s hourly rates for attorneys who worked on the case range between $295 and $785.  Smith, chairman of Jenner’s appellate and Supreme Court practice, said Jenner lawyers who worked on the case bill between $400 and $800 an hour for commercial clients.  He said Jenner lawyers and staff spent more than 9,000 hours on the case between the fall of 2007, when the law firm got involved, and November 2010.

CLICK HERE to view Plaintiffs’ Motion for an Award of Attorney Fees and Expenses.  CLICK HERE to view plaintiffs’ supporting exhibits.