National Law Journal quotes KMB partner David J. Marshall regarding settlement of Indian Trust lands class action

December 14, 2009

Mr. Marshall noted the potential for a very large award of attorneys’ fees.

In an article published on December 14, 2009, the National Law Journal described the protracted litigation between the federal government and a class of more than 300,000 American Indians who sought an accounting of the dispersal of royalties for the use of natural resources from their land.  In early December 2009, the case settled for approximately $1.4 billion.  The article quoted Katz, Marshall & Banks partner David J. Marshall, who has litigated a number of class actions during his career.  Mr. Marshall noted that given the length and complexity of the case, the award of attorneys’ fees had the potential to be large, perhaps over $100 million.  The court will assess any request for fees in light of the fairness and adequacy of the settlement, which are yet to be determined at a fairness hearing.