5th Circuit plays Grinch to $21M Levee Board settlement UPATED

“It came without ribbons. It came without tags. It came without packages, boxes, or bags” – and, thus far, all that can be found is this brief mention in the Sun Herald.

A federal appeals court has rejected a $21 million settlement of Hurricane Katrina damage claims that some plaintiffs had complained was unfair.

U.S. District Judge Stanwood Duval Jr. in New Orleans approved last year’s settlement of class-action lawsuits against three Louisiana levee boards and their insurer.

But a three-judge panel from the 5th U.S. Circuit Court of Appeals ruled Thursday that the settlement isn’t fair because its proponents failed to show plaintiffs would benefit.

The Times Picayune, on the other hand,  is running $2.9 billion plan restores MR-GO’s environmental damage.  A coincidence, maybe?

The Army Corps of Engineers has unveiled a sweeping $2.9 billion plan to restore the environmental damage caused by the construction and operation of the now-closed Mississippi River-Gulf Outlet, which includes a new freshwater diversion near Violet; restoration of cypress swamp in wetlands adjacent to the Lower 9th Ward, Algiers and Chalmette; protection of shorelines along the eastern New Orleans land bridge; and restoration or nourishment of wetlands along Lake Borgne.

Ashton, is that you I hear saying, “I told you so!”?

UPDATE:  As of mid-morning (naturally, after I checked), the  TP is running Appeals court rejects $21 million Hurricane Katrina settlement
:

Joseph Bruno, one of the lawyers who helped broker the settlement, expressed confidence that the deal can be reworked to satisfy the 5th Circuit’s objections.

“We are absolutely going back to the drawing board,” he said. “The only alternative is to give the money back to the insurance company and let them keep it. What’s the benefit of that?”

“No matter how long we’ve been together Edith, you still, as the kids say, ‘turn me over’.” Ashton O’Dwyer files for rehearing at 5th Circuit.

We have some new documents in the ongoing saga of Ashton O’Dwyer v the local federal court system and a quick update on the criminal case. Let’s tackle the appeal of the dismissal of his Judicial misconduct complaint by quoting from a recent email Ashton sent to the 5th Circuit:

I recall getting very “angry” at St. Amant’s letter of 7/02/09, because:(1) I aver, upon information and belief, that St. Amant is an “enabler” and co-conspirator with Dennis, and is as culpable as Dennis or any of the other judges in connection with the dismissal of Case No.08-30052; (2) I thought that St. Amant was “setting me up for a fall”, which unfortunately became reality, when Chief Judge Jones dismissed my Complaints summarily, without even reading my Complaints, much less considering my exhibits; and (3) St. Amant’s letter indicated to me that the Chief Judge (no doubt with St.Amant) was not even reading my quite detailed Complaints of Judicial Misconduct of: (a) 4/14/09, 4/16/09 and 4/27/09, which meticulously detailed with precision: (i) Continue reading ““No matter how long we’ve been together Edith, you still, as the kids say, ‘turn me over’.” Ashton O’Dwyer files for rehearing at 5th Circuit.”

Proof positive that when I take some time away from Slabbed I don’t read the news much

There was a major settlement in the Mr GO case last week we flat out missed but thanks to a couple of loyal readers we’re getting brought back to speed very quickly. I’m certain Editilla had the Times Picayune story hung on the Ladder so he gets a hat tip too. First off an excerpt from a reader email:

In a nutshell, this fund will pay only the attorney’s costs and expenses. There are 500,000 class members, and $20 million in settlement funds. That’s $40/class member before expenses and fees. The attorneys are not taking “fee”, but are getting an “enhancement” on their costs and expenses (i.e. making a profit on their clients).

Then some sage analysis:

It will be too costly to allocate and distribute the funds that will be left over after expenses. Each class member has the right to come before the court and object to their allocation. That’s a half-million potential objectors. Read closely the court’s statements on cy pres awards. I would be willing to bet the court gives the money to levee research or something similar.

Not knowing what the heck a Cy pres award was I did a bit of checking and found both the definition and the racket.

The term cy pres refers to a court-ordered award to a charitable organization of the excess, unallocated, unclaimed or undeliverable funds in a class-action judgment or settlement, or actions in which funds set aside for reimbursement cannot be distributed due to manageability concerns.

The bottom line for the class members who lost their homes due to design flaws in the New Orleans levee system is there is a good chance they will receive nothing for their losses Continue reading “Proof positive that when I take some time away from Slabbed I don’t read the news much”

The “F” word hits the road – finds Wall is dead end Street (Part 1 of 3)

It’s a long and winding road from Katrina to Wall Street; but, that’s where the F’word is going- so gas up as we follow using this FEMA map of landmarks:

  • Part 1: Friend of the Fifth Circuit’s Opinion in the consolidated Katrina Canal Levee Breech?
  • Part 2: Final statistically unreliable report- Hurricane Katrina: Wind Versus Flood Issue.
  • Part 3: Financial Crisis: Wall Street dead end for disaster protection.
Friend of the Fifth Circuit’s Opinion in the consolidated Katrina Canal Levee Breech?

Every f’n road trip has to have a place to start.  This one starts with the recent change in policy language reported in this post on SLABBED – with the Fifth’s decision on the appeal of the consolidated Katrina Canal Levee Breach litigation in the rear view mirror. Continue reading “The “F” word hits the road – finds Wall is dead end Street (Part 1 of 3)”

The "F" word hits the road – finds Wall is dead end Street (Part 1 of 3)

It’s a long and winding road from Katrina to Wall Street; but, that’s where the F’word is going- so gas up as we follow using this FEMA map of landmarks:

  • Part 1: Friend of the Fifth Circuit’s Opinion in the consolidated Katrina Canal Levee Breech?
  • Part 2: Final statistically unreliable report- Hurricane Katrina: Wind Versus Flood Issue.
  • Part 3: Financial Crisis: Wall Street dead end for disaster protection.
Friend of the Fifth Circuit’s Opinion in the consolidated Katrina Canal Levee Breech?

Every f’n road trip has to have a place to start.  This one starts with the recent change in policy language reported in this post on SLABBED – with the Fifth’s decision on the appeal of the consolidated Katrina Canal Levee Breach litigation in the rear view mirror. Continue reading “The "F" word hits the road – finds Wall is dead end Street (Part 1 of 3)”