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Army Corps of Engineers Responsible for Much of Katrina’s Damage, Judge Rules

U.S. District Judge Stanwood Duval Jr. ruled Wednesday that the Army Corps of Engineers mismanaged the maintenance of the shipping channel known as the “Mister GO” (the Mississippi River Gulf Outlet, MR-GO), leading directly to the flooding of thousands of homes and businesses in St. Bernard Parish and the New Orleans neighborhood known as the Lower Ninth Ward.

The case directly involves $700,000 in damages to three people and a business, but opens the door to claims by as many as 100,000 residents and former residents of the affected neighborhoods. If upheld, this judgment could lead to damage claims in the $billions.

“The people of this city have been vindicated,” said attorney Joseph Bruno, a leader of the large team of lawyers who represented the plaintiffs. “They didn’t do anything wrong and it’s time they be compensated.”

The corps has estimated that it received more than 490,000 claims forms in the aftermath of Katrina and Hurricane Rita in 2005, but those forms include many from areas not covered by this decision. …

Bruno and [Los Angeles-based plaintiff's attorney Pierce] O’Donnell said they expect to travel to Washington, D.C., as early as next week to try to convince members of the administration of President Barack Obama and members of Congress to consider revisiting requests for compensation by New Orleans-area residents  in both the areas covered by the decision and in other areas flooded by corps-related failures of levees.

Duval had ruled last year that, while failures of flood control structures might be the cause of damage in other areas, a 1928 federal law granted the corps immunity from damages. In that ruling, however, he said that the immunity clause did not extend to the MR-GO, which was a navigation channel and not a flood control structure.

The Feds are expected to appeal this ruling all the way to the Supreme Court if necessary. The Corps has declared its intention to hold of on any actiion on the outstanding claims pending a final ruling.

COMMENTS

  • http://www.meetup.com/dcworksforus Kenny Solomon

    Hey, I got an idea for the voting block payoff settlement……..

    Give every claimant a school bus.

    What ?

    Something wrong with that ?

    ;)

    —–

    On a bit of a serious note, I’m wondering how much The Law Offices of Joseph M. Bruno (Federal Trial Lawyer) billed out for services on this matter. Betcha I know at least two of the sources where the money to pay the invoice is gonna come from (YOUR wallet and ACORN – that’s your wallet too).

    Oh….. and what about Mr. Joseph M. Bruno’s political contrib……. stop it, Kenny…… that can’t possibly have anything to do with it……. http://www.campaignmoney.com/political/contributions/joseph-bruno.asp?cycle=08

  • JoeG

    /sarcasm

  • Amy Miller

    Bruno’s words shine the light on the motivation behind this decision, only it’s not vindication…it’s a big F-U to a former administration, and as Kenny said above, a fat payoff to the constituency.

    Also, the judge is a Clinton appointee. ~titters wildly, holds head in hands, clings to Torts book and weeps for the profession~

    P.S. Is it too early for me to rant and say I HATE negligence claims? Especially ones that involve catastrophic acts of God, bureaucrats, and lazy reasoning?

    • Achance

      I was at a social gethering last night and ran into an acquaintance who reminded me of the first time we met. I was a guest lecturer in a college class on labor relations and labor law that he was attending as a union steward. He remarked that he really didn’t know what to think of someone who introduced himself to a room ful of college students and union stewards and reps by saying that he did God’s work for the State by opposing unions and Democrats.

      The scummier my opponent, the sweeter the victory!

    • mschmitt

      … are you in Florida, or were you… Oh, about 8 years ago? I think we might know each other.

      • Amy Miller

        purdueA@gmail.com

  • Banjo

    Another bonanza for the trial lawyers, that third leg of the stool for the Democratic party

  • dvdmsr

    nt

  • http://impudent.blognation.us/blog kyle8

    I have it on good authority that G W Bush was seen dynamiting the levees because George Bush doesn’t care about black people.

    And that is not even counting how Cheney used his weather machine to create the storm in the first place.

    • Amy Miller

      He was too busy doing redneck things on his ranch while manipulating the weather with his magic wand, persecuting homosexuals, and lighting Muslims on fire for fun to bother himself with blasting the levees…

      …that’s what he sent Cheney to do!

      • http://beaglescout.wordpress.com LJ “Beaglescout” Miller

        Too dumb to wire up the explosives and get away from the blast zone before pushing the plunger to detonate the mess. I mean, he is a chimp, right?

        /sarc

        • Amy Miller

          I completely forgot to factor in his circus training into the time crunch.

          • http://www.the41stvote.org rcov092

            you know, the same ones that took down the twin towers with 12 hours advance work stringing 4 tons of plastique.

          • http://www.hakubi.us/ Neil Stevens
  • revwarheropeterfrancisco

    Architects Engineers and Builders Responsible for Much of LA Earthquake’s Damage.

    Architects Engineers and Builders Responsible for Much of 9/11 attack Damage

    Erosionist Lieberals hate God but won’t blame any of these Disasters on God. WHY?

    • hickorystick

      this comment three times to get the gist of what your saying. At first glance your posting stating Builders as responsible for the collapse of the towers is extremely offensive. Those structures holding up for twenty minutes after being impacted by a half million pound aircraft loaded with fuel, is a tribute to not only the Builders and conscientous Workers, but to the Engineers as well. Thousands of lives were saved that day by the integrity of people working thirty years ago. Please be more careful in your statements.

      • tsommerville

        I believe maybe you should read this person’s comment again in context. The article is about the Army Corp of Engineers being blamed for Katrina damage. Obviously to me anyway, this writer of the post doesn’t agree with that any more than he would agree they were responsible for earthquake damage or 9/11. That’s why he mentions that liberals hate God but won’t blame him for the disasters. They’d rather blame the engineers or whoever happens to be convenient. So, that was sarcasm. Tongue in cheek.
        My own personal comment is “Here ye, here ye, engineers at fault for not controlling exactly what Mother Nature would do!”
        I mean really folks – a hurricane….a man made area. No contest, I think nature wins every time, don’t you? I don’t see how they can justify blaming humans for that. The only humans I lay blame to for being flooded are the ones that feel the need to live that close to a flooding area. (I.E. the ocean – especially a swampy area that has to be held back by human structures during normal weather cycles). Ocean front property (or gulf front, whatever) might be nice, but you have to expect the consequences when nature strikes. It’s inevitable. Louisiana can blame the Army Corp of Engineers all they want to…but who will they blame in Mississippi then for their damages? Hmmmm? Ridiculous.

        • Warrior

          not yet anyway. Maybe the Axelrod-Obama-Emanuel Axis will find a way though. Keep them in your prayers…

  • astrolite

    I don’t know how to get it–but I watched a program on the History called “the Levee Board” Before Katrina!!! It probably was several years old then! It exposed all the corruption connected with the theft of the yearly maintence money from the feds to New Orleans for levee maintence!! Apparently every few years the AG of La, catches the board members stealing the money—building casino’s racetracks, horse farms and God knows what else! The DA on the film said “” All you need to steal yourself rich, is to get appointed to the levee board!” Verylittle money was used to maintain the levee system! How do you like that! Bush did it even before he became president——– Now all those gangbangers and drug dealers and welfare bums will get a piece of the taxpayer’s money too! ACORN again?

  • Vladimir


    Well, that’s just not what the judge said.

    The Corps can’t be sued for failure of flood control structures. The finding in this case is limited to the issue that the MR-GO is not a flood control structure, it is a man-made (Corps dredged) navigable waterway.

    MR-GO created a superhighway for storm surge to enter the Lower 9th Ward of N.O. and St. Bernard Parish. Without it, natural marsh would have dampened some of the impact.

    New Orleans East and New Orleans proper flooded because of failure of levees. This suit didn’t speak to that, and the article implied N.O. East was specifically not included in the action.

    So, the lawsuit probably affects the interest of 20% of flood victims. It will also be appealed to the SCOTUS before there is any further action.

    I would assume Mr. Bruno is working on a contingency basis. I don’t know how many claims he has aggregated in total, but his big payday will be if there is a large class action.

    Commenters should be wary about making this a racial issue, too. The residents of Lower Ninth Ward is (or were) mostly black; St. Bernard Parish is mostly white.

    • Vladimir

      11-19-2009 8-54-50 AM

      • Achance

        Nice, facially legal way to spread some wealth around. And, anyway, isn’t the Corps of Engineers a part of that nasty old Army?

    • tsommerville

      The whole thing is ridiculous. I just thought I’d add – just by virtue of you mentioning someone shouldn’t make a racial issue of this opens the door for someone to do just that. Better to let sleeping dogs lie and not even inadvertantly sow the seed.

  • sharonmcp

    but my first thought when I read this…

    “The Feds are expected to appeal this ruling all the way to the Supreme Court if necessary. The Corps has declared its intention to hold of on any actiion on the outstanding claims pending a final ruling.”

    …is that “The Feds” = the government = Obama. The longer this is held up in litigation, the angrier and more disenchanted the Obama New Orleans electorate is going to grow.

    Call me cynical, but my guess is that it makes it to the SCOTUS and a ruling is issued upholding the U.S. District’s ruling – just a week before the 2012 election.

  • redtillimdead

    They’d be underwater CONSTANTLY!

  • Third Street

    (Just kidding. I already know the answer to that one.)