Litigation

Recent Posts

Supreme Court Refuses To Hear Insurer's Appeal Of Reinstated $92.9 Million Judgment
Posted on 26 Jun 2012 by Jennifer Hans

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 25 denied an insurer's petition for a writ of certiorari challenging the Louisiana Supreme Court's finding that every member of a class of more than 18,000 insureds was entitled... Read More

U.S. High Court Denies Petition Disputing Government's Immunity In Katrina Dispute
Posted on 25 Jun 2013 by Jennifer Hans

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on June 24 refused to hear an appeal of a lower federal court's ruling that the application of the discretionary function exception (DFE) to the Federal Tort Claims Act (FTCA) completely insulates... Read More

5th Circuit Reverses Finding That Contractor Had Government Immunity In Katrina Flood Case
Posted on 15 Sep 2010 by Jennifer Hans

NEW ORLEANS - (Mealey's) The U.S. Army Corps of Engineers did not "make" a contractor use the exact backfill material that was used for the Inner Harbor Navigation Canal Lock Replacement Project in New Orleans, nor did it "require"... Read More

5th Circuit Panel Unable To Resolve Dispute Over Hurricane Post-Loss Assignments
Posted on 29 Jun 2011 by Jennifer Hans

NEW ORLEANS - (Mealey's) In light of the Louisiana Supreme Court's May 10 answer to a certified question regarding post-loss assignments, the Fifth Circuit U.S. Court of Appeals on June 28 found that it is unable to resolve an appeal by more than... Read More

5th Circuit: United States Not Immune From Liability For Katrina Flood Damage
Posted on 5 Mar 2012 by Jennifer Hans

NEW ORLEANS - (Mealey's) The Fifth Circuit U.S. Court of Appeals on March 2 affirmed a lower court's ruling that the United States is not immune from liability for certain plaintiffs' Hurricane Katrina flood damage under Section 702c of the... Read More

5th Circuit Dismisses Global Warming Appeal
Posted on 1 Jun 2010 by Samantha Drake

NEW ORLEANS - (Mealey's) A divided en banc Fifth Circuit U.S. Court of Appeals on May 28 dismissed the appeal of a panel decision that Mississippi residents have standing to sue the oil, coal and energy companies for releasing greenhouse gas emissions... Read More

Don't Blame Cows: Manipulation Of Climate Change Data
Posted on 15 Jun 2010 by William A. Ruskin

CNN reported not too long ago that Frank Mitloehner, an air quality specialist from the University of California at Davis , accused the authors of a 2006 report published by the U.N. Food and Agriculture Organization ("FAO"), titled "Livestock's... Read More

Louisiana High Court Answers Certified Question Regarding Post-Loss Assignment
Posted on 11 May 2011 by Jennifer Hans

NEW ORLEANS - (Mealey's) The Louisiana Supreme Court on May 10 found that although there is no Louisiana public policy that precludes an anti-assignment clause from applying to post-loss assignments, the language of the anti-assignment clause must... Read More

U.S. Supreme Court Denies Insurer's Motion To Stay Reinstated $92.9 Million Judgment
Posted on 1 Feb 2012 by Jennifer Hans

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Jan. 31 denied an insurer's motion to stay pending the filing and disposition of a petition for a writ of certiorari of a $92.9 million judgment that was reinstated against it in a class... Read More

Makers Of FEMA Mobile Homes Near Class Action Settlement
Posted on 21 Jan 2011 by LexisNexis Litigation Resource Community Staff

NEW ORLEANS - (AP) Companies that manufactured mobile homes for the Federal Emergency Management Agency after Hurricane Katrina are nearing a settlement to resolve thousands of claims that Gulf Coast storm victims were exposed to potentially dangerous... Read More

Jury Awards Tourists $650K In Katrina Jail Lawsuit
Posted on 18 Oct 2010 by LexisNexis Litigation Resource Community Staff

NEW ORLEANS - (AP) A federal jury in New Orleans has awarded more than $650,000 to two Ohio tourists arrested for public drunkenness and jailed for more than a month in the chaotic days after Hurricane Katrina. Full version available to lexis.com subscribers... Read More

Federal Judge Tosses Part Of Blackwater Lawsuit
Posted on 23 May 2011 by LexisNexis Litigation Resource Community Staff

ALEXANDRIA, Va. - (AP) A federal judge on Friday tossed out parts of a lawsuit filed by two former employees against the security company once known as Blackwater but is allowing key claims to proceed to trial. The rulings from U.S. District Judge T.S... Read More

Settlement Reached In Hurricane Katrina Class Action Lawsuit
Posted on 24 Mar 2011 by LexisNexis Litigation Resource Community Staff

NEW ORLEANS - (AP) A major New Orleans hospital and the company that owned it have settled a class action lawsuit in the deaths and injuries of patients who were stranded there during and after Hurricane Katrina. The settlement was reached Wednesday as... Read More

Insurer Appeals Award In Katrina Damage Case
Posted on 7 May 2010 by LexisNexis Litigation Resource Community Staff

JACKSON Miss. – (AP) A dispute between an insurance company and a retired Navy admiral over coverage of damages from Hurricane Katrina has made its way to the Mississippi Supreme Court. The case is among dozens the Supreme Court will hear during... Read More

Settlement Reached In Patient Deaths After Katrina
Posted on 28 Jul 2011 by LexisNexis Litigation Resource Community Staff

NEW ORLEANS - (AP) A New Orleans judge has approved a $25 million settlement in a class-action lawsuit filed over the deaths of patients at a New Orleans hospital after Hurricane Katrina. The deal was reached between Tenet Healthcare Corp., which operated... Read More