5th Circ. Reverses Course In Katrina Levee Breach Case

Law360, New York (September 25, 2012, 2:01 PM EDT) -- The Fifth Circuit on Monday withdrew its own ruling from earlier this year holding the U.S. Army Corps of Engineers liable for some of the damage caused by a levee breach after Hurricane Katrina, finding that the Federal Tort Claims Act shields the government from liability in the matter after all.

After the federal government requested an en banc hearing reviewing that March decision, the appeals court called for a panel hearing instead and reversed course, ruling that the government is immune under the discretionary-function exception...
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