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September 25, 2015
Mark Berkman Serves as Damages Expert in the Choctaw and Chickasaw Nations’ Case

Brattle principal Mark Berkman served as the damages expert for the Choctaw Nation and Chickasaw Nation case against the U.S. Department of the Interior (DOI). The nations’ complaint held the DOI accountable for not protecting the tribes’ trust property and violating the Administrative Procedure Act and Fifth Amendment by not keeping adequate accounts of their lands and trust funds.

Dr. Berkman determined the value of timber, oil, natural gas, and gravel resources on the lands at issue and defended his results during deposition testimony. The settlement of the case resulted in the government paying $139.5 million to the Choctaw Nation and $46.5 million to the Chickasaw Nation. Dr. Berkman’s valuation served as a benchmark for the settlement outcome.