Disputes over attorney fees in Cobell lawsuit still in mediation


John W. Boyd Jr. outside the federal courthouse in Washington, D.C. Photo from National Black Farmers Association

Two disputes over attorney fees in the $3.4 billion Cobell settlement remain in mediation, the Associated Press reports.

The Native American Rights Fund helped start the case in June 1996. But the plaintiffs say the non-profit violated an agreement by filing a new claim on behalf of tribes with trust mismanagement claims.

John Brown, a solo practitioner from California, also worked on the lawsuit for six years but the plaintiffs say he was taken off the case. A federal judge has set aside $13.6 million from a $99 million attorney fee award as mediation continues.

A new claim for a share of the fees has been filed by John W. Boyd Jr., the head of the National Black Farmers Association. He said the plaintiffs asked him to lobby for H.R.4783, the Claims Resolution Act of 2010, which included the Cobell settlement and a settlement for African-American farmers.

“Email after email they’re asking me to do this work,” Boyd told the AP. “Who in their right mind is going to do all of this work for free? Nobody. This is America.”

Boyd filed his suit in the Superior Court of the District of Columbia but the plaintiffs had it moved to federal court. They are seeking to have it dismissed, saying there never was an agreement to pay Boyd for his efforts.

Boys is suing Kilpatrick, Townsend & Stockton, the law firm that handled the settlement, and Dennis Gingold, a solo practitioner.

Get the Story:
Black farmer head wants part of Indian settlement (AP 7/2)

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