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WilliamKingThirdPaper 3 - 17 May 2009 - Main.WilliamKing
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| | | Last month, the US District Court for the Eastern District of Louisiana began hearing claims filed by six New Orleans residents against the U.S. Army Corps of Engineers (the federal agency associated with dams, canals and flood protection in the United States). To date, the majority of post-Katrina lawsuits have been dismissed because the Flood Control Act of 1928 bans claims against the United States government for damage caused by floodwaters. Unlike these previous suits which focused on defective levees, the current litigation addresses the poorly built navigation channel adjacent to New Orleans. Referring to the channel as a “hurricane highway”, the plaintiffs argue that the Corps’ negligent maintenance led to the destruction of their homes and businesses. | |
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< | Some media outlets have acknowledged the civil suit as “pivotal”. There are hopes that a victory can lead to a class action merging the 400,000 claims that have been filed to date. The Army has even projected that the government could potentially loose up to $100 billion in litigation expenses and settlements. If successful there is no doubt that the pending litigation will influence other post-Katrina lawsuits. But the advancement of a class action, based solely on this unique litigation, seems a bit out of scope. The current suit is brought by five individuals and one business. Each claimant is seeking between $300,000 and $400,000 in damages. Victory for these owners will bring forth compensation, but not the type of compensation that a displaced family living in the projects of the Ninth Ward is likely to see. | >
> | Some media outlets have acknowledged the civil suit as “pivotal”. Many are hoping that a victory can lead to a class action merging the 400,000 claims that have been filed to date. The Army has even projected that the government could potentially loose up to $100 billion in litigation expenses and settlements. If successful there is no doubt that the pending litigation will influence other post-Katrina lawsuits. But the advancement of a class action, based solely on this unique litigation, seems a bit out of scope. The current suit is brought by five individuals and one business. Each claimant is seeking between $300,000 and $400,000 in damages. Victory for these owners will bring forth compensation, but not the type of compensation that a displaced family living in the projects of the Ninth Ward is likely to see. | | | The idea that a ruling against the Army Corps will bring justice to a majority of the New Orleans demographic is built upon assumptions, not fact. These assumptions may materialize into truth, yet thousands of other claims that have all ready been dismissed. The hope for a class action is confronted by the need to efficiently build a plaintiffs’ class, and even if settled, to allocate damages adequately. A victory in the current litigation will advance a new argument of causation for hurricane victims. However, this does not guarantee future victories. It is only a small step in an increasingly overdue search for justice. | | | Conclusion
The New Orleans rebuilding effort, while showing some progress, has lacked both leadership and focus. In the wake of this failure, the victims remain victims. Current litigation offers some hope for widespread economic compensation, but it will be years until this promise may be obtained. The residents of New Orleans are therefore left to cope with the Katrina’s aftermath on a day by day basis. They are America’s lottery losers, both underprivileged and the overlooked. Justice for them is seas away. | |
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