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September 30, 2010


Richard Monette

You'll notice the settlement addresses two classes of plaintiffs. The first class was certified by the court and has been the party for the fourteen years of the suit. This class of plaintiffs and their lawyers lost, and refuse to go to the US supreme court. Then after two months of settlement negotiation, another class abruptly arose. The first class and its claims were in equity, no monetary damages against the government; the new second class and claims were for money, even though the sovereign had never done a judicial referral or waived immunity, thus all the posturing now. Of course, lawyers take contingency cases all the time as these did with the first class. They take the chance of winning big and the run the risk of winning nothing. These lawyers now want 100 million in fees for losing on behalf of the first class after fourteen years and negotiating for two months on a new second class on wholly new claims. Native Americans- -grab your ankles--again.

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