5th Circuit Reverses Self - Army Corps not Liable for Katrina Flood Damage

The U.S. Court of Apppeals for the Fifth Circuit in New Orleans reversed its prior ruling that the U.S. Army Corps of Engineers was liable for Katrina-related flood damage. In an opinion filed yesterday, the same three judge panel that had previously held the Corps liable for some damages, reversed itself and found immunity for the Corps under the discretionary function exception. Under this doctrine, suits that are based on a government agency's, or employee's, performance, or failure to perform, a discretionary function, are barred. The latest opinion is attached here.