The lawyers in the long-running Indian trust litigation in Washington, D.C., find themselves in an odd position: filing a petition for certiorari just two weeks after the sides announced a $1.41 billion settlement to end the case.

This week, lawyers for lead plaintiff Elouise Cobell filed their petition with the U.S. Supreme Court to challenge a ruling in July in the U.S. Court of Appeals for the D.C. Circuit. The settlement is not final and so the lawyers are keeping open their options.