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Government appeals decision in Cobell case
Friday, September 19, 2008
Filed Under: Cobell

The Bush administration has appealed a federal judge's decision to award $455.6 million to the plaintiffs in the Cobell v. Kempthorne trust fund lawsuit.

In a brief filed with the D.C. Circuit Court of Appeals, the Department of Justice argues that Judge James Robertson lacked jurisdiction to award money in the case. Government attorneys said Robertson improperly determined an historical accounting of the Indian trust "impossible."

The Cobell plaintiffs are challenging Robertson's decision too. They say the ruling relieves the government of its trust duties.

Get the Story:
Government seeks appeal of Indian trust case (AP 9/18)
Cobell case appeal viewed as good, bad for plaintiffs (The Native American Times 9/18)

Certification for Appeal:
Cobell v. Kempthorne (September 4, 2008)

Historical Accounting Decision:
Cobell v. Kempthorne (August 7, 2008)

Related Stories:
Cobell: Judge gives Interior a pass on trust duties (9/16)
Appeal stretches Cobell lawsuit into another year (9/16)
Appeal stretches Cobell lawsuit into another year (9/16)
Cobell seeks to resolve trust issues on appeal (09/09)
Cobell: Lawsuit more than a question of dollars (9/8)
Jodi Rave: Cobell set for appeal of $455.6M decision (9/8)
Judge certifies appeal of Cobell accounting decision (9/5)
Cobell headed to appeals court to resolve $455.6M (8/29)
Judge to hold first hearing after Cobell decision (8/28)
Howard Dean slams McCain for treatment of Cobell (8/26)
Native finance group supports appeal in Cobell case (8/20)
Off the Reservation: Cobell ruling a slap in the face (8/15)
Jodi Rave: Interior can't find owners of $73M (8/13)
Cobell to appeal $455.6M ruling 'as soon as possible' (8/13)
Jodi Rave: Cobell to appeal $455.6M decision (8/11)
Cobell final ruling of $455.6M disappoints (8/8)
Judge issues final ruling in Cobell trust case (8/7)
Judge to issue final ruling in Cobell case in August (06/26)
Judge to hear final arguments in landmark Cobell trial (06/25)
Washington law firm invests millions in Cobell case (6/23)
Final ruling in Cobell case expected by mid-July (6/20)
En Francais: Elouise Cobell ready for battle (6/19)
Osage Nation seeks to intervene in Cobell case (6/19)
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Cobell to appear on NPR program 'Tell Me More' (6/16)
Jodi Rave: Testimony continues in historic Cobell trial (6/16)
Letter: Indians kept poor by federal government (6/16)
Osage trust funds at issue in Cobell lawsuit (6/13)
Editorial: $58B trust payout more than fair (6/13)
Editorial: Indians short-changed by trustee (6/13)
Cobell plaintiffs rest case in trust fund trial (6/12)
Cobell plaintiffs focus on $58B claim at trial (6/11)
Trial seeks to resolve Indian trust fund lawsuit (6/11)
Judge opens landmark trial in Cobell trust fund case (6/10)
Jodi Rave: Cobell happy with opening day of trial (6/10)
Jodi Rave: Cobell trial begins in Washington DC (6/9)
Cobell trust fund case set for final trial (6/3)
After six-plus years, BIA website finally online (05/27)
BIA to be fully online in a couple of months (5/21)
Interior heads back online after disconnect (5/15)
Judge issues pre-trial order in Cobell trust case (5/13)
Bush administration responds to Cobell $58B claim (04/11)
'Rough justice' seen in resolving Cobell case (4/7)
House panel threatens Cobell accounting cut (4/4)
Letter: A small spark of justice in Cobell case (3/31)
Cobell plaintiffs say $58B owed for Indian trust (3/21)
Cobell case set for resolution in court (3/6)
Judge sets June 9 trial to resolve Cobell case (3/5)
Judge to hold Cobell hearing this Wednesday (3/3)
Next hearing in Cobell case set for March 5 (02/21)
Resolution appears near in Cobell trust case (2/19)
Editorial: Settle 'botched' Indian trust fund (02/06)
Editorial: Settle the Indian trust fund lawsuit (2/4)
Kempthorne reiterates $7B Indian trust offer (2/1)
Editorial: A remedy for 'neglect' of Indian trust (2/1)
Cobell: 'Great day in Indian Country' (1/31)
Judge: Cobell historical accounting 'impossible' (1/30)
Cobell statement on historical accounting decision (1/30)
Jim Cason: Historical accounting facts (01/18)



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