Abstract
This case study is based on the six consolidated lawsuits arising out of the damages caused by Hurricane Katrina. During Hurricane Katrina various levees were breached resulting in property damage to surrounding homes and businesses. Those parties filed law suits asking for damages from the U.S. government asserting that its agent (the U.S. Army Corps of Engineers) was negligent in designing and maintaining the levees in the Mississippi River Gulf Outlet. This study provides guidance to infrastructure managers on how to minimize liability through use of the federal trial court’s finding of facts and conclusion of law in the case of In Re: Katrina Canal Breaches Consolidated Litigation.
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References
1.
Central Green Co. v. United States, 531 U.S. 425 (2001).
2.
Federal Tort Claims Act, 28 U.S.C. § 2671, et seq.
3.
Federal Tort Claims Act, 28 U.S.C. § 2680. Exceptions to the Federal Tort Claims Act
4.
Flood Control Act, 33 U.S.C. § 702c (1928).
5.
Graci v United States, 435 F. Supp. 189 (E.D. La., 1977).
6.
In re Katrina Canal Breaches Consol. Litig (Robinson), 471 F. Supp. 2d 684 (E.D. La., 2007)
7.
In Re: Katrina Canal Breaches Consolidated Litigation, 647 F. Supp. 2d 644 (E.D. La., 2009). See, 647 F. Supp. 2d 644, 648.
8.
The Lake Pontchartrain and Vicinity Hurricane Protection Plan in the Flood Control Act; Pub. L. No. 89-298, § 204, 79 Stat. 1073, 1077 (1965).
9.
National Environmental Policy Act, 42 U.S.C. § § 4321-4370f (1969).
10.
Paterno, et al v. State of California, et al., 87 Cal. Rptr. 2d 754 (2004).
11.
Prescott. 973 F. 2d at 702
12.
Quijano v. United States, 325 F. 3d 564, 567 (5th Cir. 2003)