June 20, 2013

Appeals court tosses landmark Katrina ruling

BY: AP Staff Writer SEPTEMBER 24, 2012 | MODIFIED: SEPTEMBER 24, 2012 AT 10:47 PM
Leave a comment

NEW ORLEANS (AP) — A federal appeals court has reversed itself and thrown out a judge's landmark ruling that the Army Corps of Engineers is liable for billions of dollars in damage that property owners blame on its maintenance of a New Orleans shipping channel.

The same three-judge panel from the 5th U.S. Circuit Court of Appeals that sided with plaintiffs earlier this year withdrew that decision Monday and ruled in the federal government's favor.

The panel's new opinion says the corps is completely insulated from liability by a provision of the Federal Tort Claims Act.

In 2009, U.S. District Judge Stanwood Duval Jr. rejected the federal government's argument that it is entitled to immunity from lawsuits blaming Katrina's flood damage on the corps' operation and maintenance of the Mississippi River-Gulf Outlet navigation channel.

View article comments Leave a comment

More from washingtonexaminer.com

From the Weekly Standard

  • June 17, 1953

    Today, speaking at the Brandenburg Gate, President Obama paid appropriate tribute to the brave East Germans who rebelled 60 years ago against Communist dictatorship:

    Read More...
  • Problems of the Second Generation

    The Boston Marathon bombings highlighted, once again, the challenges of assimilating Muslim youth. And while the onus of accountability ought not rest exclusively on Muslim Americans, it...

    Read More...
  • Release Osama Bin Laden’s Files on Taliban

    The Obama administration announced on Tuesday that it was moving forward with its attempt to negotiate with the Taliban, which has opened a long-awaited political office in Doha, Qatar. The...

    Read More...