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No. 18212 MRGO (06-2268): ORDER AND REASONS re 16510 MOTION for Partial Summary Judgment filed by Anthony ...

Document In Re: Katrina Canal Breaches Litigation, 2:05-cv-04182, No. 18212 (W.D.La. Mar. 20, 2009)

... 8 Case 2:05-cv-04182-SRD-JCW Document 18212 Filed 03/20/09 Page 9 of 65 States, 2008 WL 2704517 (4th Cir. 2008) ( plaintiffs bore burden of proof to show unequivocal waiver of sovereign immunity existed and to show that none ...

Nonetheless, the Corps did reject a proposal “to delay the construction of the canal from Pais Road through the marsh and sound areas until the fish and wildlife studies were completed” and that “a dike be constructed on the northeast ...

None of these were ever built.

Second, none of our cases have suggested that this language from Miller is intended to change our long-held doctrine that safety measures, once undertaken, cannot be shortchanged in the name of policy.

It has been noted that the discretionary function exception was not at issue in Indian Towing18; nonetheless, it has been used in the analysis of discretionary function exception cases by the Supreme Court.

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No. 17528 INSURANCE (07-4853): ORDER granting 17488 Motion to Dismiss claims of plaintiff Timothy McGruder

Document In Re: Katrina Canal Breaches Litigation, 2:05-cv-04182, No. 17528 (W.D.La. Feb. 3, 2009)

Motion to Dismiss ClaimGranted

Case 2:05-cv-04182-SRD-JCW Document 17528 Filed 02/03/09 Page 1 of 1 2009 February 3rd

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No. 17413 INSURANCE (06-4746): ORDER granting 17386 Motion to Dismiss claims of plaintiffs Arthur Augusta, ...

Document In Re: Katrina Canal Breaches Litigation, 2:05-cv-04182, No. 17413 (W.D.La. Jan. 28, 2009)

Motion to Dismiss ClaimGranted

Considering the foregoing Motion for Limited Reopening of Case and Partial Motion to Dismiss Without Prejudice; IT IS ORDERED that the Motion for Limited Reopening of Case and Partial Motion to Dismiss Without Prejudice be and hereby is GRANTED and that all claims asserted by plaintiffs Arthur Augusta, Dorothy Cage, Stafford and Lillian Cola, Larry and Lucille Dace, John and Mercides Dexter, Vera Fulton, Danielle and Michael James and Donald and Kathleen Villavasso on any homeowners’ insurance policies issued by defendants Allstate Insurance

Company or Allstate Indemnity Company as to any of these plaintiffs are dismissed, without prejudice, each party to bear its own costs.

New Orleans, Louisiana, this ____ day of __________________, 2009.

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