KATRINA LAWSUIT INFORMATION:

NOTICE

It has come to our attention that someone has sent a request for personal data to certian Katrina victims. This is not a request from Archuleta, Alsaffar, and Higginbotham. The law firm has not sent any requests for personal information, such as social security numbers or dates of birth. Please do not ever give out personal bank account information to anyone over the telephone. There has been no settlement to distribute and no Katrina clients are receiving any payments.

 

 -UPDATE- 

On September 24, 2012, a three judge pannel from the Fifth Circuit Court of Appeals granted the US Army Corps of Engineers Immunity from liability under the discretionary function exemption of the Federal Tort Claims Act.

The claim was appealed to the United States Supreme Court, and on June 24, 2013, the United States Supreme Court declined to review the petition.  This decision will allow the Fifth Circuit's immunity oppinion to stand, and a summary rejection of all claims is expected to follow shortly.

At this point, the Plaintiffs have exhausted their appeals in the upper courts with no recovery to any of the injured parties.

If you are or believe you are a client of Archuleta, Alsaffar, and Higginbotham, it is very important that you update your contact information now. Please call 1-888-888-0905 or email attorney@katrinacase.com and update your address or telephone number(s) so that when the time comes, we will not have a problem contacting you.

 

KATRINA CASE SUMMARY

The case against the U.S. Federal Government agency the Army Corps of Engineers is a case brought under Federal Tort Claims Act (FTCA). Unlike most mass actions involving thousands of plaintiffs, each FTCA claim must be filed as an administrative claim. Six months after filing an administrative claim, a lawsuit may be filed in federal district court.

A lawsuit was filed on selected Katrina cases in the Eastern District of Louisiana. These cases were taken to trial in an effort to establish the liability of the Government for every single other case. The acts and omissions of the U.S. Army Corps of Engineers were the basis of the trial in Judge Stanwood R. Duval, Jr.’s court in the Eastern District of Lousiana.

The court ruled that the failure of the United States Army Corps of Engineers to maintain and operate the MRGO properly was a substantial cause of the some of the flooding. The court ruled that the Federal Government was not entitled to immunity or protection of the due care, discretionary function, or misrepresentation exceptions of the FTCA.

The court ruled that some of the plaintiffs, based on the location of their property, were entitled to damages. You can find the court’s full opinion here that was filed on 11/18/2009. For a more detailed summary of the trial court action, please visit the Eastern District of Louisiana’s canal cases page. Even though the trial court found the Government liable, the United States Federal Government appealed Judge Duval’s ruling to the United States Court of Appeals for the Fifth Circuit.

On November 9, 2011, parties argued before a three judge panel of the Fifth Circuit on the merits of the case. You can listen to the oral argument here. On March 2, 2012 a unanimous panel of three Fifth Circuit judges affirmed the district court opinion in a 3-0 decision that can be read here. On September 24, 2012, that opinion was reversed by that same three-judge panel when they held the government could not be held responsible for its negligence under the discretionary function exemption of the Federal Tort Claims Act.  That oppinion can be read here: http://www.ca5.uscourts.gov/opinions/pub/10/10-31054-CV1.wpd.pdf 

On June 24, 2013, the Supreme Court denied the petition for certiorari, declining to review the case and allowing the Fifth Circuit's immunity oppinion to stand.  You can see case docket on the Supreme Court website.

This effectively ends the Plaintiffs' appeals in the higher courts, with no recovery to any of the injured parties.  A summary rejection of all claims is expected to follow shortly.

 

FOLLOW KATRINA CASE ON PACER

You can follow the progress of the Katrina case yourself. Unfortunately, there are no free services that allow the public to follow the case. The PACER system is a judicial network that allows you to follow the case at the Eastern District of Louisiana and the Fifth Circuit. The PACER system charges users $0.08 for every page they view on the internet.  Once you  view a page, you may also print it.

After logging in, you can follow the individual cases by searching for their docket number. In the Fifth Circuit, the Katrina case docket number is 10-30249. In the Eastern District of Louisiana, the Katrina case docket number is 2:05-cv-04182-SRD-JCW.

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