Hurricane Katrina Litigation

Also See: Levee Law; Hurricane Katrina General Information; Climate Change and Coastal Adaptation Project

Court Dismissed Hurricane Katrina Takings Claims - St. Bernard Par. Gov’t v. United States, 887 F.3d 1354 (Fed. Cir. 2018)

Exhibits to Westerink Testimony

URS. The Direct Impact of the Mississippi River Gulf Outlet on Hurricane Storm Surge. Performed under: CONTRACT NO. 2503-05-39, Hydrodynamic Modeling Effort for MRGO Study, Prepared for: State of Louisiana, Department of Natural Resources (February 2006)

Expert Reports in the Levee Breach Litigation

In re Katrina Canal Breaches Litig., No. 14-30060, 2015 WL 3407410 (5th Cir. May 28, 2015) - 5th Circuit reviews standard for discretionary authority defense and finds that applies to cases brought against the Federal government under the admiralty laws. Admiralty based claims for damage allegedly caused by dredging MRGO were dismissed as discretionary actions covered by the statutory defense.

Court dismisses Katrina Levee Breach cases under FTCA - In re Katrina Canal Breaches Litigation, 696 F.3d 436 (5th Cir.(La.)

5th Circuit upholds district court ruling against the Corps in the Katrina Levee Breaches Litigation. HTML

Article - The Hurricane Katrina Levee Breach Litigation: Getting the First Geoengineering Liability Case Right.

Katrina Case - U.S. District Court, Eastern District of Lousiana - mirror

Katrina Levee Breeches Litigation before the 5th Cir. Brief for the US, Brief for Plaintitts, Reply Brief for the US. Recording of oral arguements before the 5th Circuit.

The barge did not break down the flood wall in the 9th Ward - In re Katrina Canal Breaches Consol. Litigation, 2011 WL 1792542, 2011 A.M.C. 1674 (E.D.La. Jan 20, 2011).

Court finds that it was not foreseeable that dredging the wetlands could cause Hurricane Katrina damage (motion for summary judgment - there is no evidence that dredging did worsen Katrina damages) - In re Great Lakes Dredge & Dock Company LLC, 624 F.3d 201 (5th Cir. 2010) 

Corps contests the adequacy of the FTCA notice for most Katrina plaintiffs - In re Katrina Canal Breaches Consolidated Litigation, No. 05-4182, 2010 WL 487431, (E.D.La. 2010)

Court finds againt the Corps in In re Katrina Canal Breaches, 18 Nov 2009: Opinion Judgment Appendix - HTML

Court allows certification of FTCA class - In re Katrina Canal Breaches Consolidated Litigation, 2009 WL 1649501 (E.D.La. 2009)

KatrinaDocs.com is designed to be a resource for media reporting on the MR-GO litigation. This site houses depositions and expert reports in the case.

Court allows In re Katrina Canal Breaches to go to court on factual question of whether the Corp has descretionary authority to make decisions about the construction of the MRGO canal. Order of 20 March 2009

Stafford Act immunity for Katrina debris removal decisions by FEMA - St. Tammany Parish v. Federal Emergency Management Agency, 556 F.3d 307 (5th Cir. 2009)

Court dismisses Industrial Canal cases for failure of FTCA notice - In re Breaches, No. 06-2268 - 2008 WL 4449970 (E.D.La. 2008)

LA upholds flood damage exclusion in insurance policies - Barbara Landry v. Louisiana Citizens Property Ins. Co., 983 So.2d 66 (La. 2008)

LA uses common sense definition of flood in finding that policies do not cover Hurricane Katrina flood damage - Sher v. Lafayette Ins. Co., 988 So.2d 186 (La. 2008)

Court dismisses most Katrina levee breach claims against the Army Corps of Engineers - In re Katrina Canal Breaches Consol. Lit., 533 F.Supp.2d 615 (E.D.La. 2008)

5th Circuit construes flood exclusion in homeowner's policies after Katrina - In re Katrina Canal Breaches Litigation, 495 F.3d 191 (5th Cir.2007) - cert denied. Lower court.

Plaintiff's can go forward with claims against the Corps for MRGO - In re Katrina Canal Breaches Consolidated Litigation, 471 F.Supp.2d 684 (E.D.La. 2007)