But the levee was dry-ish

From the settlement of Vodanovich v. Boh Brothers Construction Co. LLC, et al:

Under the Distribution Protocol, common benefit fees, expenses and/or awards for Class Representatives from the Escrowed Funds are subject to approval of this Court and the aggregate total of such fees, expenses and/or awards is subject to a Common Benefit Cap ($3,500,000), which the Court finds to be fair and reasonable. [Rec. Doc. 69-2, pp. 7-8, ¶12(d).] Further, under the settlement, the aggregate total of all common benefit costs, fees and/or expenses that may be paid from the Escrowed Funds now may not exceed forty (40%) percent of the aggregate common benefit costs, fees and expenses as determined by this Court. [Rec. Doc. 69-2, pp. 7-8, ¶12(d)]. The Class Settlement Agreement also makes clear that common benefit expenses may not be awarded if such award would impair the settlement. [Rec. Doc. 69-2, pp. 6-7, ¶12(a-c)] Finally, no Class Representative award may exceed $2,000.

Take note of that last sentence. Background [warning: autostart video]:

Thousands of Katrina victims with eligible claims in a class-action levee breach settlement received letters … from the court-appointed special master responsible for evaluating claims.

“We named everybody who we thought feasibly could be liable for the failure of the levees at 17th Street, Industrial Canal, and all of the breaks … New Orleans East, Lower Nine, St. Bernard and the like,” Joe Bruno said in an interview with the FOX 8 Defenders a year ago.

Bruno was the lead plaintiff’s attorney in the class-action lawsuit alleging failures and over-topping of levees against the Corps of Engineers, contractors and levee boards after Katrina. It resulted in a settlement in the Vodanovich vs. Boh Brothers lawsuit.

The insurance companies for three levee boards &#8212 the Orleans Levee District, East Jefferson Levee District and Lake Borgne Levee District — will pay to settle the class-action suit. Bruno says there’s roughly $11 million waiting to go out to storm victims.

According to Bruno, 137,000 claim forms were filed, but that number has been whittled down to 120,000 claimants after the court-appointed special master obtained experts to verify claims with issues.

Letters to the eligible 120,000 homeowners were mailed this week, detailing minimum awards. Bruno says actual payments range from as little as $2.50 to as much as $3,700, but money won’t be disbursed until after an objection period. Claimants have until March 29 to object their assessments. Bruno says it’s unclear when checks will be mailed until the court-appointed special master knows how many objections he has to review.

If your first thought is “Yeah, I bet it’s closer to two-fifty,” you were right on the money:

When, exactly, did we transform from a nation of laws to a nation of lawyers?


  1. ETat »

    5 August 2017 · 8:36 am

    How much will Mr. Bruno get?

  2. Barks »

    5 August 2017 · 10:06 am

    When the trial lawyers captured one of the political parties and decided to attack the American people. These “awards” have to be paid by someone and it ain’t in the final analysis the insurance, construction companies or government. It is you and me in the form of higher costs or taxes.

  3. CGHill »

    5 August 2017 · 11:50 am

    Attorneys’ fees for this case were set at $3,5 million; the court-appointed Special Master’s fee was $25,000.

  4. ETat »

    5 August 2017 · 12:33 pm

    Yep, I suspected it was not $62

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