JURIST - Paper Chase: Fifth Circuit blocks Louisiana AG class action against Army Corps of Engineers

[JURIST] The US Court of Appeals for the Fifth Circuit on Wednesday blocked the Attorney General of Louisiana from filing suit on behalf of nearly 35,000 Hurricane Katrina victims against the US Army Corps of Engineers [official website] under the Federal Tort Claims Act [text]. A district court judge had appointed Louisiana Attorney General Charles Foti [official website] guardian ad litem for those hurricane victims who were otherwise unrepresented by counsel, but the Fifth Circuit granted the government's petition for writ of mandamus, ruling [PDF opinion] that "[w]hile we do not doubt the good intentions of the district court, the district court acted without authority." The Fifth Circuit's decision means that Hurricane Katrina victims who had not yet filed suit through a private attorney as of Wednesday will not have their claims heard by a court. AP has more.

Earlier in August, the Army Corps of Engineers argued [JURIST report] that the Flood Control Act of 1928 [text] grants immunity from negligence relating to building and maintaining a flood wall and levee that collapsed during Hurricane Katrina [JURIST news archive]. Wednesday, the two-year anniversary of the hurricane, was the last day for plaintiffs to file claims against the government arising out of hurricane damages.

In another Hurricane Katrina case, a Louisiana state appellate court held earlier this week that insurers can deny full coverage under a homeowners' policy that excludes certain perils such as flood waters if they carry their burden of proving that the excluded peril was the main cause of damage. The decision reversed a trial court that had ruled that homeowners are entitled to full recovery even if the insurer proved that uncovered perils caused some of the loss. Reuters has more.

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