Dec02Recent Press on Joe Bruno's Role in MRGO LitigationRead recent press on the Joe Bruno's part in the MRGO cases here. Nov18JUDGE: CORPS FOUND LIABLE FOR HURRICANE KATRINA FLOODINGJudge Duval has issues a historic ruling against the US Army Corps of Engineers in the landmark Mississippi River Gulf Outlet trial. We have posted the decision here and we will inform you what the next steps will be. Oct15Rumors of Levee Settlement Disbursement Untrue!While the Court has issued an order approving the settlement with the Levee Boards, there has been no decision on any disbursement of funds. The Court’s order has been appealed to the U.S. 5th Circuit and no decision on how to divide the limited fund will be reached until after all appeals are decided by the appellate courts. To determine if you may qualify for the settlement class, please refer to the Detailed Notice at www.leveebreachclass.com Sep29The Levee Board Settlement AmendedThe Levee Board Settlement order was amended by the Court to correct typographical errors. To view the order click here. Sep09Court Approves Settlement with Levee BoardJudge Duval grants final approval to the proposed settlement with the Levee Boards (Orleans, Jefferson and Lake Borgne) To view the order click here. May14MRGO-Robinson Trial CompletedThe case has been submitted to Judge Duval for a decision, following post-trial briefing. Apr20Judge Denies Corps of Engineers' attempt to Dismiss MRGO-Robinson LawsuitThe Court denied the U.S. Corps of engineers motion to dismiss the MRGO-Robinson Lawsuit. Trial in this case to determine fault begins on April 20, 2009. To read the opinion, click here. Apr20MRGO-Robinson Trial BeginsRobinson trial begins, and will help determine the liability of the U.S. Army Corps of Engineers for the greatest engineering disaster ever that lead to the flooding of New Orleans East, The Upper & Lower Ninth Wards of New Orleans, and St. Bernard Parish following hurricane Katrina. Apr17KatrinaDocs.com Goes Live!The MRGO Litigation Group launches KatrinaDocs.com, a new website designed to be a resource for media reporting on the MRGO litigation and other interested individuals. This site houses Depositions of fact and expert witnesses, Expert Reports, Transcripts from the MRGO-Robinson Trial, and soon the Exhibits admitted in the Robinson trial. |
Frequently Asked QuestionsNum1What was the originating litigation?Numerous class actions were filed against various parties and the Corps of Engineers after hurricane Katrina. These were consolidated by Judge Duval into two separate cases (referred to as LEVEE and MRGO). The MRGO case included areas east of the Industrial Canal: New Orleans East, the Lower Ninth Ward and St. Bernard Parish; as well as the Portions of the Upper Ninth Ward. The LEVEE case included areas west of the Industrial Canal that flooded due to the outfall canal flood wall failures (17th Street, Orleans, London, and Industrial Canals). Num2What is the LEVEE lawsuit about?The lawsuit alleges levees and other flood and water control structures failed and/or were overtopped as a result of Hurricane Katrina because they were not properly designed, inspected, or maintained, and that this failure caused property loss, property damage, and personal injury. The defendants say that the levees failed for reasons beyond their control and that they did not do anything wrong. Please refer to www.leveebreachclass.com for more information. Num3What is the status of the LEVEE case?Finding that the Corps of Engineers was guilty of gross negligence in the failures of the 17th Street Canal and London Avenue Canal flood walls, Judge Duval reluctantly dismissed the Corps of Engineers from LEVEE due to the Corp’s immunity for flood control projects, and that ruling is awaiting appeal. Also, the Court has approved a settlement with the levee districts. However, the Court has not yet determined how these settlement funds will be disbursed. Numerous appeals have been taken by objectors to that settlement. Num4What is the MRGO lawsuit about?The lawsuit alleges that the Corps’s negligent operating and maintenance of the MRGO caused increased waves, increased the conveyance of water, and increased the hurricane surge that destroyed or overtopped the levees and other flood and water control structures, and that this negligence caused property loss, property damage, and personal injury. Num5What is the status of the MRGO case?Judge Duval ruled that the MRGO was a navigation project and not a flood control project, and as such so the Corps was not entitled to shield it’s negligence, unlike the ruling in the LEVEE lawsuit. In April 2009, a portion of the MRGO claims went to trial in the Robinson case. This was a “test” case, designed to resolve common legal and factual issues. Two people were chosen from each MRGO area (6 people total), so Judge Duval’s ruling will only addresses the claims of those 6 people. This is a win for those 6 people, but the attorneys believe that they will be able to apply Judge Duval’s findings for common legal and factual issues to all of the MRGO cases. Num6Am I a part of the case?Federal administrative procedures require that anyone who makes a claim against the Corps of Engineers must file and Standard Form 95 ("SF95"). The deadline for filing this form was two years after hurricane Katrina on August 29, 2007. Anyone who filed this claim form within that time frame is part of the case against the Corps of Engineers. This requirement of an SF95 does not apply to your claims against the levee boards. Num7How do I know if the Corps received my SF95 claim form? How can I update my Mailing Address?You must contact the Corps of Engineers directly. Due to privacy issues enacted by the Court, we cannot assist you in this regard. You can contact the Corps by calling (504) 862-2826. Please note that if you are represented by an attorney, the Corps will only be able to tell you if you timely filed a SF95 and update your mailing address. All other questions must be directed to your attorney. Num8If I filed an SF95 form, am I entitled to a recovery?In a complex case such as this one, all of the claims arise out of an identifiable event affecting a very large number of people asserting personal injury and property damage claims. With a decision in the Robinson case, the attorneys hope to apply Judge Duval’s findings for common legal and factual issues to each person’s case. However, the amount of recovery cannot yet be known. Num9How do I determine if I am included in the Levee Board Settlement?The class of persons and businesses covered by the settlement with the Levee Boards of Orleans, Jefferson, and Lake Borgne is defines as follows: “All Persons (a) who at the time of Hurricane Katrina and/or Hurricane Rita (i) were located, present or residing in the Hurricane Affected Geographic Area, or (ii) owned, leased, possessed, used or otherwise had any interest in homes, places of business or other immovable or movable property on or in the Hurricane Affected Geographic Area, and (b) who incurred any losses, damages and/or injuries arising from, in any manner related to, or connected in any way with Hurricane Katrina and/or Hurricane Rita and any alleged levee Failures and/or waters that originated from, over, under or through the Levees under the authority and/or control of all or any of the Levee Defendants.” Num10Will I receive any money from the Levee Board Settlement?No decision on how to divide the limited fund will be reached until after all appeals are decided by the appellate courts. Num11Where can I find out more information on the Levee Board Settlement?You can download the official Court-ordered notice here. www.leveebreachclass.com |