In a landmark decision, three federal appeals court judges have upheld federal judge Stanwood Duval’s ruling that the Army Corps of Engineers is liable for flooding damages during Katrina in the lower Ninth Ward of New Orleans and in St. Bernard Parish.
The appeals court ruling was written by Judge Jerry Smith of Houston, appointed by Ronald Reagan, and agreed to by Judge Edward Prado of San Antonio and Jennifer Elrod of Houston, both appointed by George W. Bush.
http://www.nola.com/katrina/index.ssf/2012/03/hurricane_katrina_flood_ruling.html
I lived in St Bernard Parish during Katrina What is the next step. Like thousands of others I lost everything that day. What most people don’t get we lost our community and way of life.
Mr. Walker, the Army Corps of Engineers will appeal the ruling. There is nothing the citizens can do but wait while the appeal goes all the way to the Supreme Court. We can expect to know the outcome in late 2013. Dr. Ivor van Heerden expects the ruling to be upheld and for the plaintiffs to be victorious. However, Dr. van Heerden also notes that the ruling would be unfair because everyone in regional New Orleans was affected by the levee failures, not just those in St. Bernard Parish and the Lower Ninth Ward. Dr. van Heerden predicts a “Katrina Bill” which would compensate everyone even those denied relief because the Corps was protected by sovereign immunity in the Flood Control Act of 1928.
Sandy Rosenthal, founder of Levees.org
My family is still till this day living the aftermath of Katrina. My husband and I and our youngest son have been living apart since the storm.
Life as we know it does not exist. St. Bernard parish almost 7 years later. You can’t get 7 years back!
Laurie, no amount of money will make your family whole. But if this lawsuit goes all the way to the Supreme Court, you can at least be made partially whole. –Sandy
Sandy, Thanks for all your hard work & dedication through levees.org.
Just wondering if it’s too late to be apart of the mrgo lawsuit/settlement. My family was affected & we are residents/homeowners of the lower 9th ward…
When and if there is a settlement from the lawsuit, will what you received from your insurance company be deducted? If so, this is not fair to the people that had flood insurance for the correct amount and could not get any assistance at all. The mortgage companies used the part of the mortgage that stated “if the property is 100 percent damaged that you must pay off the mortgage.”. This put everyone in this predicament at a loss. I lived in St. Bernard Parish and was only 12 years from retirement, however since I had to start over on my own I will now not be able to retire until I am 80 years old.
My brother and I lost our father when the flooding devastated St. Bernard Parish. He lived in Arabi and drowned in the flooding. Then, the Baton Rouge morgue lost his body after my brother finally was able to locate him in the house. Both he and I had to give multiple DNA samples before the morgue officials found his body. What about that emotional and physical injustice? The Army Corp of Engineers need to be held accountable for the failure of the canal. Our father was assured he could purchase a house in the area and be safe. 7 years have gone by and we’re still dealing with the painful aftermath.