Litigation Updates

May I still file a Proof of Claim form in the Agriculture Street Landfill Class Action?
No. The deadline for submitting proof of claim forms was December 14, 2009. If you did not submit a claim form to the Claims Administrator on or before December 14, 2009, then you will not have an opportunity to participate in this case.
What is the status of the MRGO case?
On Wednesday, November 18, 2009, a federal court judge, Stanwood Duval, held that the Army Corps of Engineers mismanaged maintenance at the Mississippi River-Gulf Outlet , and caused flood damage in St. Bernard Parish and the Lower 9th Ward after Hurricane Katrina. Duval's 156-page decision could result in the federal government paying $700,000 in damages to three people and a business in those areas, but also sets the stage for judgments worth billions of dollars against the government for damages suffered by as many as 100,000 other residents, businesses and local governments in those areas who filed claims with the corps after Katrina. Duval ruled, however, that WDSU-TV anchor Norman Robinson and his wife were not entitled to damages because the corps' dredging of the MR-GO did not affect the levee system that protects eastern New Orleans from hurricane storm surge. That probably means eastern New Orleans residents would not be able to collect on claims they've filed against the corps. Indeed, the Justice Department is expected to appeal the decision to the U.S. 5th Circuit Court of Appeals, and then to the U.S. Supreme Court, if necessary. So, do not expect to receive any money any time soon. The corps has estimated that it received more than 490,000 claims forms in the aftermath of Katrina and Hurricane Rita in 2005, but those forms include many from areas not covered by this decision. "Until such time as the litigation is completed, including the appellate process up to and through the U.S. Supreme Court, no activity is expected to be taken on any of these claims," corps spokesman Ken Holder said.
What is the status of the NOPSE Justice (OPSB Wrongful Termination) Class Action Litigation?
On September 30, 2009, Suzette Bagneris presented oral arguments to the Louisiana Fourth Circuit Court of Appeal in support of Judge Julien's decision to allow this case to proceed as a class action. On November 12, 2009, the Fourth Circuit affirmed Judge Julien's decision that this case will proceed as a class action. Now, the attorneys will prepare for trial. The parties must now submit briefs to the Louisiana Supreme Court in January 2010. The attorneys who are court-appointed to represent the former OPSB's employees are Willie M. Zanders, Sr. (Lead Counsel), Suzette Bagneris (Liaison Counsel),Clarence Roby, Juana Marine Lombard, Larry Samuels, Rico Alvendia, Anthony Irpino, and Walter Willard. For more information about this case, please log onto www.nopsejustice.com.
When will class members receive money in the Agriculture Street Landfill litigation?
We do not know. There is NO SETTLEMENT OR JUDGMENT AWARDING MONEY TO THE CLASS MEMBERS. IT IS NOT TRUE THAT THE ATTORNEYS ARE HOLDING THE MONEY, OR THAT THEY HAVE GOTTEN PAID. By May 2010, the Court will likely consider what the next step in the case will be to determine the amount of money due to each class member. Until then, there is nothing new to report on this issue.