Hurricane Katrina: Legal Issues
State Efforts/State Law Enforcement
August 28, 2005: Mayor Ray Nagin orders first-ever mandatory
evacuation of New Orleans in preparation for Hurricane Katrina.
September 1, 2005: New Orleans mayor states that he has declared martial law. Chief of U.S. Army National Guard Bureau announces that 4,000 Military police are deployed to aid the city's police but
martial law has not been declared.
September 4, 2005: Bush Administration officials send memo to Louisiana Governor Kathleen Blanco asking her to request a
federal takeover over the New Orleans evacuation. State officials deny the request.
September 9, 2005: Mayor Nagin authorizes
forced removal of those remaining New Orleans citizens who are not working in the recovery efforts.
September 27, 2005: Mississippi Legislature starts special session to address Katrina rebuilding issues.
September 29, 2005: New Orleans police department launches
investigation into alleged police officer involvement in post-Katrina looting.October 21, 2005: Louisiana Governor announces that eviction ban will not be extended. Landlords resume normal eviction procedures on October 24, 2005.
October 29, 2005: New Orleans police department fires 45 officers for desertion during Katrina disaster.
November 1, 2005: Louisiana governor calls state legislature in for an
emergency two week session, ending November 22, to handle Katrina aftermath.
January 18, 2006: The City of New Orleans settles federal lawsuit brought by National Urban League and others regarding
the city's demolition plan for Katrina-damaged homes, agreeing to give the owners notice before continuing with the demolition.
February 18, 2006: NAACP urges the U.S. Justice Department to
block the New Orleans municipal elections which would make voting difficult for displaced African Americans.
March 17, 2006: The U.S. Justice Department invokes its authority under 1965 Voting Rights Act to
approve New Orleans' municipal elections as scheduled, despite protests.
March 27, 2006: Federal Judge decides that New Orleans municipal
elections should not be postponed despite arguments from civil rights groups that postponement is necessary due to the displacement of a large number of African Americans by Hurricane Katrina.
March 30, 2006: Louisiana Senate Committee rejects bill that would have created
satellite voting centers in other states for displaced New Orleans residents, finding that the state's current displaced voters plan was sufficient.
June 1, 2006: The
Orleans Parish Criminal District Court building in New Orleans officially reopens.
Federal Assistance: Agency, Housing, and Response Investigation
September 2, 2005: SEC extends deadlines indefinitely for businesses that fell victim to Katrina.
September 6, 2005: Amnesty International and the U.S. Human Rights Network issue statements
criticizing governmental failure to provide necessities to Katrina victims.
September 10, 2005: President Bush signs order suspending wage law requirements under 1931's Davis-Bacon Act for federal contractors engaged in rebuilding New Orleans, allowing them to pay workers less.
September 12, 2005: FEMA Director Michael Brown resigns after his recent demotion.
September 9, 2005: Labor Department
waives affirmative action requirements for contractors working with the government to rebuild after Katrina.
September 21, 2005: House of Representatives unanimously approves
tax relief bill H.R. 3768 for Katrina victims.September 23, 2005: Federal district court issues restraining order to prevent Louisiana law enforcement from seizing individuals' firearms post-Katrina.
September 30, 2005: U.S. Secretary of Education announces that the No Child Left Behind requirements will be eased for some schools affected by Hurricanes Katrina and Rita.
October 4, 2005: D.O.J. waives new bankruptcy law requirement for Katrina victims living in Louisiana and southern Mississippi.
October 24, 2005: FEMA officials announce that the
firearms ban in temporary housing parks for Katrina victims will be lifted.
November 4, 2005: Bush
reinstates the wage law requirements.
November 12, 2005: Complaint is filed against FEMA seeking
class-action status for allegedly wrongfully denying housing to victims of Katrina.
November 29, 2005: Request filed in FEMA class action suit requesting that
government-funded hotel housing programs for Katrina victims, set to expire on December 15, continue longer.
December 6, 2005: Email documents are released to the House Committee investigating the Katrina response, including emails between top FEMA response officials about the potential for riots resulting from the anticipated shortage of supplies.
December 12, 2005: Federal judge orders FEMA not to suspend the hotel program until February 7, 2006.
December 15, 2005: The U.S. House Committee investigating Katrina response subpoenas Pentagon records regarding efforts to aid public safety, send supplies, and mobilize forces in the area.
February 8, 2006: 4,500 Katrina victims
ordered to vacate government-sponsored hotel accommodations; 20,000 others given extensions for an additional week or more.
February 13, 2006: FEMA announces that 12,000 additional families in the hotel program will
begin to be evicted on February 13, 2006. Meanwhile, a Federal Judge denies a motion to grant a temporary restraining order to prevent FEMA from evicting families from the housing program.
February 23, 2006: White House Homeland Security Advisor Townsend's report is released stating that the
U.S. military should take a stronger role in disaster responses, urging the Defense Department to make recommendations for revising the Department of Homeland Security's National Response Plan.
April 27, 2006: U.S. Senate Committee on Homeland Security and Governmental Affairs reports that
FEMA should be demolished and replaced with a new federal agency with more authority.
May 20, 2006: Lawyers representing Katrina evacuees
file a federal class-action lawsuit on behalf of Katrina evacuees seeking an injunction to prevent FEMA from ending housing benefits after 12-month housing vouchers expire.
May 31, 2006: A U.S. District Judge
denies the request for an injunction and orders FEMA to speed the process of voucher renewal requests along.
August 23, 2006: U.S. AG Gonzales announces that
additional police and attorneys will be sent to New Orleans to help with the increased crime activity since the storm.
December 24, 2006: The US DC Circuit Court of Appeals
suspends the order requiring FEMA to reinstate certain housing payments to Katrina victims.
July 24, 2008: FEMA argues before the US District Court for the Eastern District of LA that it should be
immune from lawsuits brought by Katrina evacuees who claim they were injured by toxic fumes released by emergency trailers provided by the agency.
September 8, 2005: U.S. Attorney General Alberto Gonzalez outlines setup for a Hurricane Katrina
relief fraud task force.
September 19, 2005: First federal claim is filed alleging fraudulent donation solicitations.
January 27, 2006: FBI arrests two FEMA employees under suspicion of taking bribes during the Katrina disaster.
February 13, 2006: The Hurricane Katrina Fraud Task Force tells the US Senate Homeland Security and Governmental Affairs Committee that to date
212 people had been charged with fraud related to Hurricane Katrina. Also, the GAO reports to the Senate committee that up to 900,000 of the 2.5 million people who received FEMA Katrina aid used false or duplicate names, addresses or social security numbers.
March 28, 2006: Louisiana AG Charles Foti launches investigation into
alleged Red Cross volunteer theft.
September 15, 2005: Mississippi Attorney General announces that his office
filed civil suits against five national insurance companies, seeking to label a provision of their policies unenforceable for ambiguity after the insurers had denied coverage.
March 25, 2006: Federal Judge in Mississippi
denies Allstate Insurance's motion to dismiss in the case brought by homeowners who claimed that Allstate representatives falsely led them to believe that a separate flood policy was unnecessary because flood damage would be covered by their hurricane insurance policy.
July 10, 2006: First federal trial over Hurricane Katrina insurance coverage complaints begins against Nationwide.
August 15, 2006: Federal judge holds that insurance policy did not cover Hurricane Katrina damages and that there was a lack of evidence that property owners were misled about water damage coverage by their insurance agent.
August 25, 2006: Louisiana Supreme Court holds that state laws extending insurance claim filing deadlines for hurricane victims
are constitutional.
October 12, 2006: State Farm Insurance, the largest provider of homeowner’s insurance in Mississippi,
files a motion seeking a change in venue for lawsuits filed in southern Mississippi by individuals claiming insurance carriers failed to pay insured losses to those affected by Hurricane Katrina.
November 29, 2006: A US Eastern District Court of New Orleans opinion determines that
flood damage caused by Hurricane Katrina may be covered under those insurance policies that do not specifically exclude from coverage damage caused by negligence.
December 28, 2006: A US District judge
remands to Mississippi state court a case involving insurance exclusion clauses for flood damage and whether storm surge damages are excluded as well.
January 9, 2007: Insurance lawsuits begin against State Farm Fire & Casualty in the US District Court for the Southern District of Mississippi.
January 11, 2007: A Mississippi jury holds State Farm
liable for $2.5 million dollars in punitive damages after the judge issues an unexpected directed verdict.
January 23, 2007: State Farm
reaches a settlement with hundreds of Mississippi policyholders, bringing an end to a trial that began January 9.
January 27, 2007: District Judge L. T. Senter, Jr.
rejects a proposed settlement between State Farm and Mississippi Attorney General Jim Hood on behalf of Mississippi policy holders.
February 1, 2007: US District Judge L.T. Senter
reduces a $2.5 million punitive damage award to $1 million following a verdict against State Farm in January.
February 12, 2007: The first trial of thousands of
lawsuits brought by Louisiana homeowners against their insurance companies begins with homeowners Lawrence and Elizabeth Tomlinson suing Allstate insurance company for bad faith.
February 23, 2007: State Farm
seeks to have Judge Senter recused from certifying a class action lawsuit against the company, questioning his impartiality as fellow judge John Roper and court clerk Terri Brown could be plaintiffs in the class action suit.
March 19, 2007: MS Insurance Commissioner George Dale says State Farm will
accelerate settlement payouts to MS Gulf Coast residents.
March 23, 2007: Judge Senter
refuses to certify a class in a suit against State Farm by the "slab case" plaintiffs, saying that the three other cases against State Farm have demonstrated that factual differences between the policyholders' claims requires individual treatment of each case.
April 9, 2007: Jury selection is completed for the
lawsuit against Allstate in LA federal court.
April 16, 2007: LA jury
awards $2.8M in damages and penalties against Allstate.
June 6, 2007: Judge Carolyn King says the Fifth Circuit Court will
fast-track its decision in a case insurance companies including Allstate and St. Paul Travelers Companies Inc.
June 12, 2007: MS AG Jim Hood files a
lawsuit against State Farm for a bad faith breach of contract related to a settlement reached in January.
August 2, 2007: The US Court of Appeals for the Fifth Circuit holds that insurance policies held by many victims of Hurricane Katrina
did not cover flood damage caused by the storm.
August 6, 2007: The US Court of Appeals for the Fifth Circuit hears arguments in an
appeal by Nationwide against a lower court ruling which declared unenforceable a provision in Nationwide's policy limiting homeowners’ recovery when damage to the home is caused by both wind and water.
August 31, 2007: The US Court of Appeals for the Fifth Circuit rules that the language used in policies by Nationwide Insurance was
not "ambiguous" about whether damage caused by combinations of wind and water is covered under a policy that only lists one of the two, clarifying a clause that could become important in a number of other pending cases involving the company.
November 7, 2007: The Fifth Circuit Court upholds language used in homeowner insurance policies by State Farm,
overturning a district court ruling that the policy language was ambiguous and consequently unenforceable.
November 8, 2007: LA AG Charles Foti files suit in state court against the state's six largest insurance companies,
alleging conspiracy to fix payouts for damages related to Katrina.
April 8, 2008: The LA Supreme Court rules that Lafayette Insurance Company is
not required to pay for water damage caused when New Orleans levees breached.
Also, the US Court of Appeals for the Fifth Circuit reverses and vacates a jury award of $2.5 million in punitive damages against State Farm.
April 22, 2008: US District Judge L.T. Senter
dismisses claims of fraud against State Farm Insurance.
September 13, 2005: Louisiana Attorney General charges nursing home operators, Manganos, with 34 Katrina disaster deaths.
September 23, 2005: Human Rights Watch accuses prison officials in New Orleans of leaving some prisoners to drown during Hurricane Katrina.
October 4, 2005: Louisiana Attorney General announces that
six hospitals are under investigation for alleged patient mistreatment during the Hurricane Katrina disaster.
October 7, 2005: ACLU files motion to gain access to New Orleans city jail to investigate allegations of prisoner mistreatment.
July 18, 2006: Louisiana officials arrest three hospital employees in connection with the
patient mistreatment investigation.
August 11, 2006: ACLU releases a report that
post-Katrina prison conditions need to be fully investigated due to evidence of prisoner abuse and lack of emergency management.
September 5, 2006: Manganos file counterclaim against several state and local government officials saying they failed to evacuate nursing home residents.
September 21, 2006: Manganos are indicted on 35 charges of negligent homicide and 64 charges of cruelty to the infirm.
October 4, 2006: Manganos plead not guilty on negligent homicide and cruelty to the infirm charges.
February 2, 2007: Judge Stanwood R. Duval Jr. of the US Eastern District of LA rules that the
US Army Corps of Engineers can be sued by victims of flood damage due to defects in the Mississippi River-Gulf Outlet.
May 3, 2007: District Judge Jay Zainey
dismisses wrongful death claims against the federal government filed by families whose relatives died during Hurricane Katrina.
August 17, 2007: The US Army Corps of Engineers argues that it cannot be sued for negligence over the collapse of a flood wall and levee because the
Flood Control Act of 1928 grants it immunity.
Also, the Manganos, operators of St. Rita's Nursing Home, go on
trial for criminal negligence for their failure to comply with the mandatory evacuation order.
August 30, 2007: The US Court of Appeals for the Fifth Circuit
blocks the AG of LA from filing suit on behalf of nearly 35,000 victims against the US Army Corps of Engineers under the Federal Tort Claims Act.
September 6, 2007: The Supreme Court of LA rules that a wrongful death lawsuit alleging
negligence against a hospital could proceed without first passing through a medical review panel.
September 7, 2007: A LA state court jury finds the Manganos
not guilty of the drowning deaths of residents at St. Rita's Nursing Home.
September 11, 2007: New Orleans DA Eddie Jordan
declines to file criminal charges against the Lafon Nursing Home for the deaths of 19 elderly residents during post-Katrina flooding.
January 31, 2008: District Judge Stanwood Duval, Jr.
dismisses a class action lawsuit against the Army Corps of Engineers, ruling that the Flood Control Act of 1928 grants immunity to the Corps.
April 5, 2008: The LA 4th Circuit Court of Appeal upholds the
dismissal of a wrongful death suit against the state of Louisiana, the city of New Orleans and public officials.
August 31, 2005: EPA waives some regulatory fuel standards under the Clean Air Act to prevent gas price spikes in New Orleans.
September 2, 2005: California Attorney General opens investigation into whether
gas price-gouging occurred in the wake of Hurricane Katrina.
September 21, 2005: Eight democratic governors send letter to Bush and Congress, urging probe into profiteering by oil companies after Katrina.
September 27, 2005: New Jersey Attorney General files lawsuit against Hess, Shell, and Sunoco alleging they illegally raised gas prices after Katrina.
May 22, 2006: Federal Trade Commission releases report that
U.S. oil companies did not illegally raise gas prices or withhold supply in the wake of Hurricane Katrina.
Disruption of Legal Infrastructure/Legal Aid
September 3, 2005: U.S. 5th Circuit Court of Appeals relocates from New Orleans to Houston, TX.
September 9, 2005: President Bush signs emergency legislation after House and Senate pass
HR 3650, allowing federal courts located in New Orleans to relocate outside of their districts.
September 12, 2005: Texas Supreme Court issues order allowing Louisiana, Mississippi, and Alabama lawyers displaced by the Katrina disaster to practice in the state of Texas for thirty days.
October 13, 2005: Human Rights Watch announces that hundreds of people being detained for minor crimes before Katrina are
still being held without having seen a judge, although many if convicted would already have completed their sentences.
December 7, 2005: Dozens of prisoners arrested just before Katrina are
released without having ever been charged, due to staff shortages in New Orleans criminal court system.
June 1, 2006: New Orleans criminal courts reopen, with first post-Katrina trials scheduled for June 4.
July 29, 2006: New Orleans Criminal Court judge says he will begin
releasing jail inmates if their cases do not go to trial by August 29.
August 8, 2006: Mayor Nagin announces
updated criminal justice system for New Orleans, including legal aid for indigents held in jail since the storm without counsel.
August 27, 2006: Judge says that New Orleans District Attorney needs to sort through backlog of cases and
dismiss those with insufficient evidence.
October 7, 2006: New Orleans Judge
releases four inmates stuck without representation since Hurricane Katrina.
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