Case Developments

  • The legal process for claims against the federal government has specific rules.
  • For all claims filed with the federal government under the Federal Tort Claims Act BEFORE the Statute of Limitations the following applies:
  • From the date the federal government RECEIVES the claim the Statute of Limitations on that claim will be STOPPED from expiring.
  • IF the federal government DENIES the claim in writing, from the date of the denial letter the claimant has 6 months to bring a lawsuit in federal court or the claim will be forever barred. 
  • From the date the federal government receives the claim there is a Mandatory 6 Month Waiting Period before a lawsuit can be filed.  This is one reason why it is important to file your claim as soon as possible.
  • After the Mandatory 6 Month Waiting Period passes the claimant may bring a lawsuit in federal court at any time.
  • Under the Federal Tort Claims Act cases are tried to a judge, not a jury.
  • There are no punitive damages or prejudgment interest allowed under the Federal Tort Claims Act.

There are several cases about the flooding of the area in and around New Orleans.  The court has consolidated (grouped) the cases.  The consolidated case is called:

Katrina Canal Breaches Consolidated Litigation - Cause Number 05-4182
United States District Court Eastern District of Louisiana


After a case has been determined to be subject to the consolidation, the liaison counsel designate which category to which that case pertains. There are six possible categories at this time: Levee, MRGO, Insurance, Responder, St. Rita and Dredging Limitation. The liaison counsel designates the type of case each consolidated matter concerns and documents are electronically docketed with the particular case number. Orders are entered pertaining to a particular case or cases, a particular group, or all cases.

CLICK HERE TO READ ABOUT CURRENT CASE DEVELOPMENTS

CLICK HERE TO READ THE SUBSTANTIVE ORDERS IN THE CASE

CLICK HERE TO READ THE ORGANIZATIONAL ORDERS IN THE CASE

CLICK HERE TO READ THE MAGISTRATES ORDERS IN THE CASE



          

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