Katrina Courthouse Blog - News and Updates

RICHARD BURGESS
2theadvocate.com

LAFAYETTE -- Court officials are putting out an urgent call for the thousands of displaced New Orleans attorneys who have federal cases pending across the state. Among the many lesser-known problems wrought by Hurricane Katrina is a major disruption to the legal system, as cases statewide for some 8,000 New Orleans-area attorneys are in limbo.

Federal court officials this week opened a "Communications Center" in Lafayette in an effort to track down those displaced attorneys and get cases moving again. "It's a center for vagabond lawyers," said Gary Zwain, who has appointed by the court to oversee operations at the center. Zwain, himself a displaced New Orleans attorney, said "thousands of cases" are unable to move forward because of difficulty in contacting attorneys.

Source: http://www.2theadvocate.com/stories/092105/sub_disrupted001.shtml

ADRIAN ANGELETTE
2theadvocate.com

As Hurricane Katrina bore down on Louisiana, the three attorneys in the William S. Vincent Jr. law firm fled their Prytania Street office in New Orleans to three cities -- Baton Rouge, Lafayette and Houston. One of them, Jared Vincent, moved in with an old law school buddy, Baton Rouge attorney Rufus Craig. Vincent continues to search for displaced clients to help keep cases current.

But like many attorneys, Vincent and the other lawyers in the firm face the question of when -- and even whether -- to return to New Orleans. "If it's economically feasible, we'd like to continue practicing down there," Vincent said. "If the people come back, we'll go back and hope to stay. But you've got to make enough money to keep the lights on."

Source: http://www.2theadvocate.com/stories/092105/bus_smallfirms001.shtml

PRWEB

New Orleans, LA (PRWEB) September 21, 2005 -- Paul Massa was born and raised in New Orleans, Louisiana. After graduating with his BA and law degree from Tulane University, he settled in to the city that gave the world jazz, jambalaya and Mardi Gras to practice law. And, like every other resident of New Orleans, his world was turned upside down by Hurricane Katrina two weeks ago.

“I lost everything,” Massa says. “From my personal possessions to my office files, there wasn't a whole lot that I could salvage. The only thing I have left is my experience and my time. Seeing how many people are in need, I can't let those go to waste too.”

Source: http://www.prweb.com/releases/2005/9/prweb288074.htm

Jacksonville's Financial and Daily Record

The Florida Supreme Court ordered Wednesday that Florida will permit lawyers from areas devastated by Hurricane Katrina to provide limited legal services in Florida to their displaced clients. The order was a result of an emergency motion filed by The Florida Bar. That motion delayed the institution of rule amendments regarding the multi-jurisdictional practice of law.

“This will go a long way in assisting displaced attorneys and their families and clients,” said Alan Bookman, president of the Florida Bar. “It lets attorneys from the affected states to practice some law temporarily in Florida. We wanted to provide them with a way to continue working with and helping their clients.”

Source: http://www.jaxdailyrecord.com/showstory.php?Story_id=43656

JEAN PRESCOTT
The Sun Herald

BILOXI - Amanda Jones referred to it as "legal triage" or legal prioritization, the service she and other attorneys with the Young Lawyers Division of the Mississippi Bar are providing free to Hurricane Katrina survivors.

Jones, who's president of the group, said young lawyers are attached to FEMA Disaster Recovery Centers around South Mississippi. "It's kind of a one-stop shop," she said of the six locations where legal aid is being provided. "We're set up at FEMA DRCs, and we're there to answer any legal question" relating to the disaster.

Source: http://www.sunherald.com/mld/thesunherald/news/local/12682751.htm

U.S. Newswire

WASHINGTON, Sept. 19 /U.S. Newswire/ -- The U.S. Chamber Institute for Legal Reform (ILR) is warning that the financial devastation caused by Hurricane Katrina could be made worse by a rash of lawsuits that will delay and complicate recovery efforts for hundreds of thousands of the storms' victims. ILR urged citizens and government officials to work together to help the Gulf Coast region recover from this disaster, and not rush to the courthouse.

"We're concerned about the growing number of lawsuits that have been filed in the wake of Katrina," said Lisa A. Rickard, President of ILR. "For example, last week's filing by Mississippi Attorney General Jim Hood against the insurance industry will not help victims' long-term recovery, and will further burden the state's already fragile economy."

Source: http://releases.usnewswire.com/GetRelease.asp?id=53602

ADAM SCALES
Findlaw's Writ

Over a century ago, an insurance executive observed that, "the insurer proposes, but the court disposes." As the nation reels from Hurricane Katrina and its aftermath, insurance companies and policyholders now living in shelters would do well to reflect on this fundamental characteristic of insurance law.

Insurers have moved swiftly into storm-ravaged areas, setting up mobile claims units and dispatching adjusters to meet with policyholders. While prompt customer service is undoubtedly commendable, there is reason for skepticism here as insurers begin choosing which claims to pay, and which to decline.

Source: http://writ.news.findlaw.com/commentary/20050919_scales.html

ANITA LEE
The Sun Herald

Mississippi's attorney general and the state's top trial lawyer are both pursuing lawsuits against insurance companies to force them to pay Coast homeowner claims from Hurricane Katrina.

Attorney General Jim Hood is challenging Mississippi's top property insurance carriers in state court, claiming homeowners' policies that exclude water damage from hurricanes violate the state's Consumer Protection Act and deprive consumers of any real coverage choices.

Source: http://www.sunherald.com/mld/thesunherald/news/local/12658408.htm

DUNCAN MANSFIELD
Nola.com

JACKSON, Miss. (AP) — A seeming drop in bankruptcy filings in Mississippi after Hurricane Katrina may have only been the quiet after the storm or an electronic glitch.

The Aug. 29 hurricane shuttered the federal court in Biloxi on the hard-hit Gulf Coast and disrupted an electronic communication network of telephones and computers centered in New Orleans, which like large numbers of evacuees was relocated to Houston.

Source: http://www.nola.com/newsflash/weather/index.ssf?/base/news-5/1126897741230570.xml&storylist=hurricane

MICHELLE MILLHOLLON
2theadvocate.com

The state is releasing more than a 100 Orleans Parish Prison inmates and offering them a bus ticket or a ride to a shelter. Hurricane Katrina forced about 8,200 inmates from Orleans and Jefferson to evacuate to state correctional facilities and parish jails. A number of them went to the Louisiana State Penitentiary at Angola, which houses death row inmates.

The storm shut off access to the parish inmates' records 19 days ago, keeping many behind bars longer than normal. Among those caught in the confusion were a 47-year-old Jefferson Parish housewife with a pile of speeding tickets, and an Ohio schoolteacher arrested for getting drunk and rowdy on Bourbon Street.

Source: http://www.2theadvocate.com/stories/091605/new_inmatefree001.shtml

BUSINESS WIRE

The Texas Equal Access to Justice Foundation board of directors has voted to grant up to $1 million in emergency funding to Texas legal aid offices in the wake of the Katrina disaster. Legal aid advocates and pro bono attorneys have been working on the front lines and behind the scenes, despite limited resources, assisting Katrina evacuees who have been relocated to Texas. For example:

-- Houston Volunteer Lawyers Program has established a presence at the Houston Astrodome to help with civil legal issues on-site and has set up a special hotline for Katrina victims. -- Austin-based Advocacy, Inc. is assisting disabled evacuees with issues concerning counseling, employment, accessing wheelchairs and other matters.

Source: http://home.businesswire.com/portal/site/google/index.jsp?ndmViewId=news_view&newsId=20050915005756&newsLang=en

Scott Miller
Pantagraph.com

BLOOMINGTON -- Some Hurricane Katrina claims may be handled by attorneys rather than claims adjusters. As homeowners and businesses begin to rebuild, court battles could be shaping up to determine whether private companies like State Farm Insurance Cos. or the federal government are responsible for paying flood claims in devastated areas of Louisiana and Mississippi -- and the extent of their liability.

The lawsuits would likely be modeled after similar court challenges in the wake of Florida's 2004 hurricanes. "I'm hopeful we won't wind up with tremendous litigation, but there's always going to be some litigation in catastrophes of this magnitude," said Robert Hartwig, chief economist with the Insurance Information Institute in New York.

Source: http://www.pantagraph.com/stories/091505/bus_20050915003.shtml

TheChattanoogan.com

NASHVILLE -- The Tennessee Bar Association Wednesday filed a petition with the Tennessee Supreme Court to permit lawyers displaced by Hurricane Katrina temporarily to practice law in Tennessee to aid their clients.

”Among the thousands of people displaced by Hurricane Katrina are many lawyers. Legal problems that their clients face continue and the storm itself may bring a whole host of new legal problems,” said TBA President Bill Haltom of Memphis.

Source: http://www.chattanoogan.com/articles/article_72552.asp

Amy Buttell Crane
Bankrate.com

Upcoming changes in federal bankruptcy law will make recovery that much more difficult for the victims of Hurricane Katrina. The new law requires consumers filing for bankruptcy to jump through numerous hoops including filing mounds of paperwork on a strict schedule, proving they lack the capacity to repay certain creditors, and requiring them to take a credit counseling course before they can even file.

People who have lost everything may be trapped by a system that gives virtually no leeway, regardless of the circumstances. Natural disasters such as Katrina typically spark an upsurge in bankruptcy filings as consumers reach the point, often months after the disaster, where they can't pay their bills.

Source: http://www.bankrate.com/brm/news/pf/20050913a1.asp

PRNewswire

The ramifications of Katrina will be felt for a long time as loss of life and damage to health, home, and property is assessed. Many lessons have come out of this catastrophe -- one of them is the importance of organizing legal affairs. U.S. Legal Forms CEO Frank D. Edens says creating and maintaining a life documents file is part of being prepared for an emergency -- whether hurricane, fire, flood, or other unforeseen event.

"A life documents file is a collection of important legal papers from identification records and major contracts to legal documents we have prepared or have had prepared for us by an attorney. It includes papers such as birth certificates, social security cards, deeds, loan documents, insurance policies, marriage certificate, and titles to property, as well as will, living will, and power of attorney forms," said Edens.

Source: http://www.prnewswire.com/cgi-bin/stories.pl?ACCT=104&STORY=/www/story/09-13-2005/0004106007&EDATE=

BRAD TOWNSEND and LEE HANCOCK
WWLTV.com

Louisiana State University law students discussed a multitude of legal issues Thursday – all sobering, many previously unimaginable. The key question: How will Louisiana's criminal justice system function in Hurricane Katrina's aftermath?

The Louisiana Supreme Court building was flooded, and many critical files and evidence boxes are presumably destroyed. Similar damage was incurred in city and district court buildings in neighboring parishes.

Source: http://www.wwltv.com/local/stories/090805ccKatrinacalegal.73c7e676.html

Charles Sheehan
Chicago Tribune

Hurricane Katrina uprooted half of all practicing attorneys in Louisiana and upended the state and federal legal system. The storm threatens to disrupt cases ranging from an assault charge against Michael Jackson to the hundreds of suits filed against Merck and Co. for its painkiller Vioxx.

New Orleans is home to the Louisiana Supreme Court, the U.S. Court of Appeals for the 5th Circuit, and the U.S. District Court and U.S. Bankruptcy Court for the Eastern District of Louisiana, as well as the city's criminal courts building. The evidence room of the Orleans Parish Criminal Courts Building, a massive structure at the corner of Tulane Avenue and Broad Street, is believed to be under water.

Source: http://www.constitutioncenter.org/education/TeachingwithCurrentEvents/ConstitutionNewswire/15088.shtml

Henry Weinstein
Los Angeles Times

It's not just that 8,000 prisoners in and around New Orleans were evacuated in a hurry, often without a shred of paperwork, to 35 different locations. Nor that state and federal courts were shut down indefinitely, court employees and bail bondsmen were displaced and evidence perished.

It's all of the above, plus the fact that Louisiana's criminal justice system was beset by financial woes and other problems before Hurricane Katrina hit land.

Source: http://www.latimes.com/news/nationworld/politics/scotus/la-me-legal11sep11,1,4062443.story?coll=la-news-politics-supreme_court&ctrack=1&cset=true

Thomas Adcock
New York Lawyer

Fifty lawyers experienced in emergency pro bono service after the terrorist attacks on Manhattan four years ago held a summit yesterday to begin planning organized aid to victims of Hurricane Katrina.

The early morning meeting at the Association of the Bar of the City of New York gathered pro bono coordinators from major Manhattan firms and corporate legal departments. It was one of several efforts begun this week by local and state attorneys, bar groups and law schools to assist individual citizens and legal colleagues in Louisiana, Mississippi and Alabama.

Source: http://www.nylawyer.com/display.php/file=/probono/news/05/090905a

World News

Like most everything else in New Orleans, the legal system is in shambles with law offices destroyed and legal record lost to the storm.

More than one-third of the state's lawyers have lost their offices, some for good, The New York Times said Friday. Most computer records will be saved but many other records will be lost forever.

Source: http://news.webindia123.com/news/showdetails.asp?id=114994&cat=World