Friday, August 03, 2007

Are Federal Courts Controlled By Judges Who Protect Corporations? Just Ask These Katrina Victims.

For a long time, I've argued that working families can’t get a fair trial in federal court,because federal courts protect corporations. If you're a “doubting Thomas,” take a look at what happened to Louisiana working families in the U.S. 5th Circuit Court of Appeals.

A three-judge panel ruled that Hurricane Katrina victims whose homes and businesses were destroyed when floodwaters breached the levees couldn’t recover money from their insurance companies for flood damages.

Using the ever-popular ipse dixit argument, the three-judge panel reasoned, "…the flood exclusions in the plaintiffs' policies unambiguously preclude their recovery."

As a result, a dozen insurance companies were handed windfall-profits, while working families got the shaft.

The ruling overturns U.S. District Judge Stanwood Duval decision that the policy language to exclude flood damage was ambiguous. Associated Press, New Orleans Times-Picayune 08/02/2007 Read Article: New Orleans Times-Picayune

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