Judge Approves $1.25B Settlement in Black Farmers' Class Action

A federal judge Friday granted preliminary approval of the $1.25 billion class action settlement involving allegations of discrimination against black farmers.

Lawyers involved in the case in Washington federal district court said in court papers the settlement, which required congressional approval of the funding, is “the culmination of nearly three years of litigation and extensive negotiation” between the parties.

The tens of thousands of potential class members are black farmers who allege they were victims of U.S. Department of Agriculture loan discrimination but who did not have their claims resolved in an earlier suit.

The plaintiffs “believe this settlement is a landmark achievement in the struggle for civil rights in the United States, and a fitting end of the path toward justice carved by this court in Pigford more than a decade ago,” the plaintiffs’ attorneys said in court papers filed in March.

Judge Paul Friedman of U.S. District Court for the District of Columbia today granted preliminary approval (PDF) and set a fairness hearing for Sept. 1. Friedman identified three lawyers as lead class counsel: Andrew Marks of Crowell & Moring; Henry Sanders of Chestnut, Sanders, Sanders, Pettaway & Campbell, in Selma, Ala.; and Gregorio Francis of Orlando’s Morgan & Morgan.

“We are obviously very pleased,” said Marks, a partner in the firm’s litigation and insurance groups. “It’s been a long time to get to this point.”

Marks continued: “The end result is to get the settlement finally approved so that the farmers who have been waiting decades, in some cases, can have their claims heard. Many of these farmers are old and dying and we want to get them compensation, where there’s been discrimination, for the wrongs they suffered.”

The settlement calls for a range of legal fees between 4.1% and 7.4% (about $51 million to $92.5 million) of the $1.25 billion that Congress appropriated to implement the deal. Friedman will have the final say on a reasonable fee.

Comments

[G. Page]

To GOD be the glory. I filed on behalf of my mother who worked along beside her father for many years. Her father and mother are deceased but as of Friday, she will be 90. I pray that God will allow her to live long enough to know that her blessing is on the way.

[florice davus]

I am very thankful for the outcome my regret is that my father is not here to see this day, thank to all that work so hard to get to this day.
GOD BLESS YOU all
Florice Davis

[F.Brown-Albright]

Thanks for your many years of hardwork! When will we get the settlement?

[Eva Wesley]

I am hopeful that my father who is now 84 years old will get to receive his settlement. Eva Wesley behalf of my father, P.W. Wesley.

[Sophia Ward]

I am grateful for the numerous prayers that has gone out and finally have been answered. My grandparents are not here but my mom and dad who are elderly are still here and I have filed on behalf of them who worked along side of their parents in the fields of Mississippi and the long hot summers. I would love to see them comfortable before they leave this earth and to be proud to know the work of their parents and themselves did not go unnoticed or uncompensated. Thank you Lord for all who helped in bringing this to a resolution.

[CLEMON CALVIN AKINS JR]

I filed in 2004 and has waitted for this to come to pass my father has passed my grandfather has passed and I am now 73 years and counting. I wonder if I will ever see justice, or compensation. My wife file on behalf or her father at the same time will we be dead and buried before there is compensation approved and distributed

[EMMER D.HUNDLEY]

WE ARE GRACEFUL TO EVERYONE WHO WORK SO LONG AND HARD TO BRING US TO THIS DAY. POSTED BY; EMMER HUNDLEY 5/24/11 12/36/PM

[LouElla Cole-Allen]

I am very thankful for this outcome. My only regret is that my father is not here to witness this. But I must say, on his behalf as well as others who cannot speak for themselves, I say thank you all for working so diligently to bring this to a closure.

God Bless you all,
LouElla Cole

[Henry L Pollard]

I hope that this approval will take into consideration, all the claimants that was not aware of the original lawsuit,and subsequently filled suit later.Is there a provision in this lawsuit for the cliamants who did not enter into the original lawsuit, but was told later, by the U.S.D.A., that they could file for dammages stimming from lack of proper notification to file in the original lawsuit.

[Cassandra Smith]

we have been waiting a long time for this day to come.