MRGO April 21: the issue and the Order (part 2) – Resio v Van Heerden

Igor van Heerden’s involvement  in the MRGO litigation was never in doubt.  However, what role he played wasn’t evident until yesterday when Judge Duval issued an Order and Reasons ruling on on the Plaintiffs’ Motion to Strike Supplemental Report of Defendant United States’ Expert Donald Resio and Preclude Derivative Testimony and the related Opposition filed by the USA.

Judge Duval summarized the issues in his Order and Reasons:

Before the Court is a Motion to Strike Supplemental Report of Defendant United States’ Expert Donald Resio and Preclude Derivative Testimony filed by Plaintiffs in the Robinson matter.

In essence, Plaintiffs contend that this “Supplemental Report on Waves and Overtopping Characteristics Along the MRGO” issued by Donald Resio was received by Plaintiffs on March 24, 2009, “long after” his February 9, 2009 deposition was taken. They maintain that they will be unduly prejudiced in the event he is allowed to testify to these findings:

(1) because the materials relied upon should have been produced more than a monthprior to his deposition under Fed. R. Civ. P. 26, and the United States unduly delayed in its production of these materials, Plaintiffs arguing that the “the defendant fought production of these materials consistently. . . until Dr. Resio was educated at his deposition of the flaws in his analysis and a new approach was created” (Doc. 18514 at 8); and

Plaintiffs filed a detailed affidavit of Dr. Ivor Van Heerden in which he opines that it Continue reading “MRGO April 21: the issue and the Order (part 2) – Resio v Van Heerden”

Be a First Responder to the disaster LSU created!

Be a First Responder! Read what MRGO attorney Pierce O’Donnell had to say about the decision LSU made to terminate Ivor van Heerden.

On the eve of the historic Robinson v. United States trial set to begin next Monday, one of the Army Corps’ most vocal and knowledgeable critics has been fired. Dr. Ivor van Heerden, a research professor at Louisiana State University, was recently informed that his contract would not be renewed. The professor has been sharply critical of the Corps’ mismanagement of the flood protection system that was supposed to protect Greater New Orleans during Hurricane Katrina. ..

LSU is the beneficiary of substantial research grants from the Army Corps. The Chancellor and his minions have made no bones about the fact that van Heerden was rocking the boat by biting the hand that fed the university’s coffers.

Dr. van Heerden has also served as a valued scientific consultant to our trial team in the Robinson case. LSU prohibited him from being a testifying expert at our trial. It is hard enough to defeat the most powerful adversary—the United States of America that prints the money and makes the laws—but heavy-handed tactics to suppress the truth make the challenge even more daunting.

This story is not finished.

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