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WilliamKingThirdPaper 5 - 28 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”. 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. | >
> | 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. | | | | |
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< | 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. | >
> | 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 have all ready been dismissed. The hope for a class action is confronted by the need to efficiently build a plaintiffs’ class, and in case of a settlement, 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. | | | | |
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< | Problems | >
> | Problems Persist | | | | |
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< | As theories about post-hurricane litigation are reasoned by scholars and lawyers, the residents of New Orleans are confronted with a daily battle for aid. Even amidst hope that they will one day be compensated for their economic and emotional losses, the effects of Katrina’s destruction continue to be felt. | >
> | As journalists theorize about the potential of future hurricane litigation, the residents of New Orleans are confronted with a daily battle for aid. Even amidst hope that they will one day be compensated for their economic and emotional losses, the effects of Katrina’s destruction continue to be felt. | | | On May 1, 2009, the temporary housing program for victims of Hurricane Katrina was terminated. The program provided temporary housing units to more than 143,000 families across the Gulf Coast. Federal law limits the statute of limitations for temporary disaster assistance to 18 months, unless there are extraordinary circumstances. In consideration of Katrina’s catastrophic devastation, FEMA extended this limit to 44 months. The decision has now been made to discontinue the program. Even though thousands of victims have only just received rebuilding money in the last six months, their only place of residence, since Katrina destroyed their homes, will soon be taken again. |
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