Do you remember the class action litigation Keepseagle v. USDA claiming discrimination against Indian farmers and ranchers? The court approved a settlement of the case in 2011 so why was there yet another court hearing on Monday, June 29 th in front of Federal District Judge Emmet Sullivan?

PORTLAND, Ore. –– Keepseagle vs Vilsack claimants who were hoping to receive a supplemental payment of $21,275 sometime this summer will have to wait for the. Buku Discipline Belajar Membaca. Another big chunk of funds should be headed to Indian Country as part of a historic settlement. Court decision supports release of $380M in Keepseagle settlement.

Therein lies an interesting story. The original settlement was for $680 million to be shared by Native American farmers and ranchers who had faced discrimination over the years by USDA. Some 3,601 Indian farmers documented discrimination and the vast majority (3,587) received a payment of $50,000 while 14 were eligible for payments up to $250,000. It turns out, however, that the Government and the attorneys at the time guessed wrong on how many individuals would file successful claims so it has left some $380 million in the pot. The Class Counsel who has represented the class of those harmed is now at odds with Mr. Harmonic Balancer Installer Tool Harbor Freight.

Keepseagle and many in the class on how to best use the remaining $380 million. When all the parties to the lawsuit estimated that the remaining funds after individual payments were made would be modest, they all agreed to distribute the unclaimed funds via a “ cy pres” disbursement. Specifically, the terms of the settlement agreement provided that the remaining funds would be distributed to charitable organizations of the Class Counsel’s choosing that support Native American farmers and ranchers.

Keepseagle v. Vilsack Settlement. Earlier Cy Pres Updates: APPEAL DELAYS. The deadline to file an appeal is 60 days from the date of the Court's ruling, which was. WASHINGTON –– Last week attorneys Marshall Matz and John Dillard issued a letter updating litigants in the Keepseagle vs. Vilsack a class action lawsuit.

But given the size of the miscalculation, the Keepseagles and many members of the class are saying: “wait a minute,” the facts have changed and so has our opinion. At the hearing, Mrs. Keepseagle and a large group of the successful claimants, calling themselves the Great Plains Claimants, asked Judge Sullivan to amend the settlement agreement and approve a supplemental distribution of funds to those harmed (assuming they can document the damages).

Judge Sullivan allowed any class member who wished to address the Court to do so and the hearing lasted from 9:00 am to 5:00 pm. Attorneys for the Department of Justice argued that the settlement agreement should not be modified to allow for a supplemental distribution.

The Great Plains Claimants supported the motion of the Keepseagles by pointing to federal Indian policy that for many decades has endorsed self-determination, consultation and Tribal sovereignty. Indeed just last year President Obama said on the Standing Rock Indian Reservation in North Dakota: “I know that throughout history, the United States often didn’t give the nation-to-nation relationship the respect that it deserved. So I promised when I ran to be a president who’d change that – a president who honors our sacred trust, and who respects your sovereignty... My administration is determined to partner with tribes, and it’s not something that just happens once in a while.

It takes place every day, on just about every issue that touches your lives. And that’s what real nation-to-nation partnerships look like.” The law with regard to cy pres funds is not clear.Chief Justice Robertscommenting on cy pres settlements (in Marek v.

Lane, 134 S.Ct. 1, 8 (2013) said there are “fundamental concerns surrounding the use of such remedies in class action litigation, including when, if ever, such relief should be considered; how to assess its fairness as a general matter; whether new entities may be established as part of such relief; if not, how existing entities should be selected; what the respective roles of the judge and parties are in shaping a cy pres remedy; how closely the goals of any enlisted organization must correspond to the interests of the class; and so on.

This Court has not previously addressed any of these issues. Cy pres remedies, however, are a growing feature of class action settlements. In a suitable case, this Court may need to clarify the limits on the use of such remedies.” It is possible that the Keepseagle case will become the “suitable case” the Supreme Court is looking for to establish the rules for cy pres distributions.Judge Sullivan recognized that no matter how he ruled in the case there was a good chance his decision would be appealed and possible to the Supreme Court. The Government argued that the Keepseagles’ position, endorsed by the Great Plains Claimants “would create a windfall for successful claimants.” Mrs.