Judge throws out class action suit against Corps (1 Viewer)

muzzy

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No surprise here. But what incentive does the federal government have to do to things the right way (i.e., build solid, reliable levees) when it has such broad immunity?

Judge throws out class action suit against Corps

06:48 PM CST on Wednesday, January 30, 2008

Cain Burdeau and Michael Kunzelman / Associated Press


A federal judge threw out a key class-action lawsuit Wednesday against the U.S. Army Corps of Engineers over flooding from a levee breach on the 17th Street Canal following Hurricane Katrina.

U.S. District Judge Stanwood Duval ruled that the Corps should be held immune over the failure of the wall on the 17th Street Canal that caused much of the flooding of New Orleans in August 2005. The judge's ruling relies on the Flood Control Act of 1928, which made the federal government immune when flood control projects like levees break. ...

[Plaintiffs' attorney Joe] Bruno said the plaintiffs would appeal to the 5th U.S. Circuit Court of Appeals, but he conceded that overturning Duval's ruling would be difficult.

http://www.wwltv.com/local/stories/wwl013008tpduval.74206e4f.html
 
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SaintJ

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This is under the ancient legal doctrine of "Forsan et haec olim meminimne juvavbit", or, which, in modern English, translates into either "I want to see a menu" or "Tough ****, ************, because we said so.
 

champ76

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All the more reason for the federal government to pay what it takes to fix things since they won't be held accountable any other way.
 

Shawn

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If I were king, I would execute the judge.
 

Doobsdemons

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So the judge threw it out based on a 1928 FEDERAL ruling that said it cannot be sued for building crap? And a judge honored that. And who ijust built those (allegedly) substandard gates? Why your No Fault Can't Touch Me Army COE. And the judge is (again allegedly) in cahoots with them. Can't wait for the Metairie side to fail next time, so the COE can say, "oh well, let's try again. whoopsee".
 

saintfan-n-alex

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All the more reason for the federal government to pay what it takes to fix things since they won't be held accountable any other way.
or more the reason to not fix things since they cant be held accountable
 

Hey Beerman

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So this means the infamous $1,000,000,000,000 claim is not going to get paid?

Damn...there goes that new plasma TV (among other things) that was going to ease that person's "pain and suffering".

You know there were people who lost things of monetary value such as home equity that they were planning on using as part of their retirement that insurance didn't cover. Who is responsible for compensating these types of losses? How else does one gain back something like that aside from lawsuits against those responsible for the false sense of security about faulty construction that protects their city?

And on top of that how does one confidently continue investing in a life there once gross incompetence is proven and then accepted as the standard for the status quo?
 
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Shawn

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So this means the infamous $1,000,000,000,000 claim is not going to get paid?

Damn...there goes that new plasma TV (among other things) that was going to ease that person's "pain and suffering".
I believe the law cited was put in place following the flood of 1927. In New Orleans, agreements were reached to limit compensation to those affected by the subsequent blowing of the levees and flooding of the 9th Ward.

Not surprisingly, the ultimate outcome was that many people were displaced and few were compensated. And of course in these scenarios, a handful of other people end up making a lot of money.
 

rob021275

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You know there were people who lost things of monetary value such as home equity that they were planning on using as part of their retirement that insurance didn't cover. Who is responsible for compensating these types of losses? How else does one gain back something like that aside from lawsuits against those responsible for the false sense of security about faulty construction that protects their city?

And on top of that how does one confidently continue investing in a life there once gross incompetence is proven and then accepted as the standard for the status quo?
That was sarcasm; you can't put a price on life and peace of mind.

I think they should be held liable in two ways:
1) They should be required to rebuild the levees to the correct specifications
2) They should be required to pay the deductibles of everyone who had flood insurance.

But $1,000,000,000,000 is more money than exists. That claim was a combination of frustration and absurdity.
 

threexcharm

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This suit was a loser from day one. Bruno had to know that.
Yeah, but he got a LOT of good free advertising.

I told you a long time ago that the suit would be dismissed.

Absolute Immunity.

Joe
 

Hey Beerman

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That was sarcasm; you can't put a price on life and peace of mind.

I think they should be held liable in two ways:
1) They should be required to rebuild the levees to the correct specifications
2) They should be required to pay the deductibles of everyone who had flood insurance.

But $1,000,000,000,000 is more money than exists. That claim was a combination of frustration and absurdity.
Word.
 

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