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Proposed Partial Settlement in Hurricane Flooding Class Action

This is a settlement for the Environment Law lawsuit.

A notification program about a proposed partial settlement began today to alert those affected by flooding due to any failures or overtopping of levees that occurred within the Parishes of Jefferson, Orleans, Plaquemines and St. Bernard, Louisiana resulting from Hurricane Katrina and/or Hurricane Rita.

Under the settlement, a settlement fund worth approximately $20.8 million will be established for the benefit of the Settlement Class, as well as to cover costs and expenses. Under the settlement, the Court will confirm that this settlement fund represents all insurance money available to the Settling Defendants. Under law, the Settlement Class can get no additional money or property in this settlement because the Settling Defendants are governmental bodies.

Notices informing Settlement Class members about their legal rights will be mailed, and are scheduled to appear in local newspapers leading up to hearings on April 2, 2009, when the Court will decide whether to approve or certify the Settlement Class and, if so, whether to grant final approval to the settlement.

The lawsuit alleges levees and other flood and water control structures failed and/or were overtopped as a result of Hurricanes Katrina and Rita because they were not properly designed, inspected, or maintained, and that this failure caused property loss, property damage and personal injury. The Settling Defendants say that the levees failed for reasons beyond their control and that they did not do anything wrong.

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Published on Jan-5-09


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