Louisiana Supreme Court Allows Katrina Insurance Claims to Proceed
On March 15, 2011 the Louisiana Supreme Court in Sheryl Coleman Taranto et al v. Louisiana Citizens Property Insurance Company (No. 2010-c-0105) affirmed Plaintiffs' claims that prescription is in fact interrupted while a class action is pending.
The Louisiana Supreme Court affirmed the Fourth Circuit's earlier ruling finding that the filing of a lawsuit designated as a class action pursuant to LSA-C.C.P.art. 591, suspends prescription for all members of the putative class until the district court has ruled on the motion to certify the class. When notice is given, pursuant to LSA-C.C.P.art. 596, the suspended prescription period begins to run again.
You can read a copy of the opinion here.
Memorial Medical Katrina lawsuit settled
Tenet Healthcare Corp. and attorneys for people who stayed at Memorial Medical Center in the traumatic days after Hurricane Katrina agreed to settle a class-action lawsuit against the company on Wednesday, both sides announced.
The plaintiffs accused Tenet of neglecting to anticipate and prepare for the loss of power after the storm, as well as failing to develop and follow proper evacuation plans and take other necessary emergency-preparedness steps.
"I am very happy and everybody is happy to have it resolved. Settlements are better than trials," said Joe Bruno, the plaintiffs' attorney.
5th Circuit Revives Claims Against WGI
The U.S. 5th Circuit Court of Appeal revived Plaintiffs' claims against the Washington Group International, Inc. (now URS) over the company's role in the levee breaches that flooded the New Orleans' Lower 9th Ward and St. Bernard Parish during Katrina.
The Federal Appeals Court reversed the District Court's ruling dismissing claims against the Army Corps of Engineers contractor stating that the company is not entitled to hide behind the "Government Contractor Immunity" for its work. The case has now been sent back to the District Court for further proceedings.
You can read a copy of the opinion here and WWLTV news report here.
