In re Katrina Canal Breaches Consolidated Litigation

Although the Fifth Circuit Court of Appeals agreed with the district court that the government was not immune from liability under the Flood Control Act of 1928 (FCA) for claims arising from alleged negligent maintenance of the Mississippi River Gulf Outlet, the appellate court concluded that the discretionary-function exception to the Federal Tort Claims Act shielded the government from liability in these cases. The Fifth Circuit affirmed the district court's ruling that the government was immune under the FCA for claims of damages allegedly caused by flood waters released by negligence in flood-control activity.