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Fed. Circ. Says Taking Claim Fails In Katrina Flooding Fight

Law360 (April 20, 2018, 6:21 PM EDT) -- The federal government can’t be held liable for damage caused by Hurricane Katrina-related flooding under the Fifth Amendment based on lackluster maintenance of a navigation channel, the Federal Circuit ruled Friday, reversing a U.S. Court of Federal Claims decision.

In the precedential ruling, the three-judge panel found that the government can only be held liable for a taking under the Fifth Amendment for affirmative actions, not for failing to act. The panel added that the court’s own precedent and precedent set by the U.S. Supreme Court...
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Sections

Case Information

Case Title

St. Bernard Parish Government v. US


Case Number

16-2301

Court

Appellate - Federal Circuit

Nature of Suit

512 Taking - Realty

Date Filed

July 6, 2016

Law Firms

Government Agencies

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