DK&S Recent Wins
On April 30, 2009, the United States Court of Appeals for the Fifth Circuit affirmed the dismissal of all claims against a defendant contractor Boh Bros. Construction Co., and several engineering defendants including Modjeski and Masters, Inc. and Burk-Kleinpeter, Inc., in the Hurricane Katrina levee breach consolidated litigation in federal court in New Orleans. Over 300,000 claims, asserting $400 billion in damages, were filed against the U.S. Army Corps of Engineers, the Orleans Levee District, and several contractors and engineering firms which were engaged in various projects in the outfall drainage canals in New Orleans before the August 2005 hurricane. The Court of Appeals affirmed the trial court's decision that the Louisiana peremption statutes pertaining to engineers and contractors applied as a bar to the claims and that admiralty jurisdiction and federal maritime law did not apply. Charles F. Seemann, Jr., Francis J. Barry, Jr. and Terrence L. Brennan of Deutsch, Kerrigan & Stiles represented Burk-Kleinpeter, Modjeski, and Boh Bros., respectively. In Re: Katrina Canal Breaches Litigation, U.S. 5th Circ. Appeal Nos. 07-30706, 07-30771, and 07-31141.
Following a trial on merits, the Sixth Judicial District Court for the Parish of Madison, State of Louisiana rendered judgment in favor of Arthur Stewart's client declaring the adoption of an ordinance passed by the City Council of the City of Tallulah fixing the compensation of several officers of the municipality, over the veto of Mayor Eddie Beckwith, to be in violation of La. R.S. 33:406(B)(3) and La. R.S. 33:404.1. The Court further held that the provisions of Ordinance 08-01-01 concerning the salaries of the Mayor, the Police Chief and the City Clerk are ineffective and do not operate to re-fix the salaries of the aforementioned public officials. The Court also specifically held that the individual members of the City Council were in violation of Louisiana Law for their refusal to pass a budget ordinance in accordance with the Louisiana Local Government Budget Act, the penalties for which are malfeasance in office. This judgment is now final and non-appealable. City of Tallulah v. Eddie Fountain, et al., Case No. 08-274.
About Deutsch, Kerrigan & Stiles
Deutsch, Kerrigan & Stiles, L.L.P. is a premiere regional law firm concentrating in legal counseling and complex, high-stakes litigation defense. The firm is on the forefront of the industries it serves and prides itself on unwavering responsiveness to client needs. Deutsch, Kerrigan, & Stiles consists of over 60 attorneys practicing in the areas of Civil Litigation, Commercial Litigation, Construction, Labor & Employment, Toxic Tort & Environmental, Marine & Energy, and Professional Liability Law from offices in New Orleans, Louisiana; Monroe, Louisiana; and Gulfport, Mississippi.
