A KATRINA LAWSUIT is now underway in the United States, claiming damages for flood damage that resulted from Hurricane Katrina. It is the first case to sue the federal government for flooding, and the judge’s decision may pave the way for thousands of other claims against the government. The lawsuit claims that the Army Corps of Engineers should pay damages for failing to prevent the collapse of corps structures.
The plaintiffs, who lost everything in the hurricane, are asking for about $400 million each.
If they succeed, the lawsuit will be dismissed by the 5th Circuit Court of Appeals. If the plaintiffs’ claims are upheld, the plaintiffs may appeal to the U.S. Supreme Court. They have to prove their case with hard evidence to win. There are some interesting developments in the case and it will be interesting to see what happens.
The government has filed a motion to dismiss the case and has been successful in doing so in virtually every Katrina lawsuit. The plaintiffs must now prove their cases with hard evidence before the judge decides if the government is responsible for the destruction and determine how much money they can receive from the government. Kent Lattimore, a resident of New Orleans, lost his home in the storm and now lives in a grass-covered slab.
The government has filed motions to dismiss this case as well, and this is not an uncommon move.
The government has successfully defeated many Katrina lawsuits. It is up to plaintiffs now to present evidence to prove their case and seek compensation. A successful claim means that both sides have to pay their legal expenses. Even if a case is dismissed, the plaintiffs can still appeal to the U.S. Supreme Court.
In New Orleans, a federal lawsuit is moving forward involving a case filed in the United States District Court for the Southern District of Louisiana. The suit was initially unsealed in June 2016 but was unseated in June. The plaintiffs will now have to prove their claims with hard evidence. The U.S. Supreme Court has jurisdiction to hear the case. A successful Katrina lawsuit could result in a settlement for the affected areas.
The government’s motion to dismiss this Katrina lawsuit is an appeal.
The government is now required to pay the plaintiffs’ legal expenses, and if the appeals fail, both sides will be forced to pay their legal fees. A court case can take years, and in some cases, can go on for decades. The case filed by the city of New Orleans is still in its preliminary stages. The case has yet to be decided in the Fifth Circuit, which means it may be dismissed. The U.S. Supreme Court may review the appeal.
In this Katrina lawsuit, the plaintiffs filed suit against the U.S. Army Corps of Engineers. They argued that the government knew that a barrier would fail and that this could lead to mass destruction. A judge threw out this case and now needs to decide if the government is liable for damages. If the lawsuit is dismissed, the plaintiffs may appeal it to the Supreme Court. However, they may find that the decision against the U.S. government is not final, but the judge must decide on liability and damages.
In a similar lawsuit, the government has moved to dismiss the Katrina lawsuit as well.
It has successfully dismissed nearly every other Katrina lawsuit, so plaintiffs must have solid evidence to support their arguments. In the U.S. District Court in New Orleans, Stanwood R. Duvall will determine if the plaintiffs are entitled to the damages resulting from the storm. The suit will be heard in the 5th Circuit, which will be the highest court in the country.
If the plaintiffs win, their Katrina lawsuits will likely result in tens of thousands of other people filing suits. If the plaintiffs are successful, the federal government faces a potential liability of $100 billion. This is the largest court judgment ever issued against a government for damages in the U.S. in this civil action. Despite the overwhelming evidence, these cases have been denied, and the case is now in the 5th Circuit.