IN RE GREAT LAKES DREDGE & DOCK CO. LLC

No. 08-30738.

624 F.3d 201 (2010)

In Re: In the Matter of the Complaint of GREAT LAKES DREDGE & DOCK COMPANY LLC, As Owner of the dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas from Exoneration from the Limitation of Liability. Great Lakes Dredge & Dock Company, As owner of the dredges California, Manhattan Island, Padre Island, and Alaska, and as owner pro hac vice of the Dredge Texas, Petitioner-Appellee, v. Louisiana State; Orleans Parish School Board; Debbie M. Thomas Richardson; Phillip Reed; Marguerite Abrahms; et al., Claimants-Appellants. In Re: In the Matter of the Complaint of Mike Hooks, Inc., as owner of the Dredge Missouri H, Petitioner-Appellee, v. Louisiana State; Orleans Parish School Board; Debbie M. Thomas Richardson; Phillip Reed, Claimants-Appellants. In Re: In the Matter of the Complaint of T. L. James & Company, Inc., as owner of the dredges Tom James and George D. Williams, II praying exoneration from or limitation of liability, Petitioner-Appellee, v. Louisiana State; Orleans Parish School Board; Debbie M. Thomas Richardson; Phillip Reed, Claimants-Appellants. In Re: In the Matter of the Complaint of Gulf Coast Trailing Company, a Louisiana Partnership, as owner of the dredge Ouachita, praying for exoneration from or limitation of liability; TLJIC LLC, a partner therein as owner of the dredge Ouachita praying for exoneration from or limitation of liability, Petitioners-Appellees, v. Louisiana State; Orleans Parish School Board; Debbie M. Thomas Richardson; Phillip Reed, Claimants-Appellants. In Re: In the Matter of the Complaint of Manson Construction Company, as owner and operator of the Hopper Dredges Newport and Bayport, for exoneration from or limitation of liability, Petitioner-Appellee, v. Louisiana State; Orleans Parish School Board; Debbie M. Thomas Richardson; Phillip Reed, Claimants-Appellants. In Re: In the Matter of the Complaint of Luhr Bros., Inc., as owner of Spud Barge L-1101, Spud Barge L-1103 and M/V Michael A. and as owner Pro Hac Vice of M/V Charlie B. praying for exoneration from or limitation of liability, Petitioner-Appellee, v. Louisiana State; Orleans Parish School Board; Debbie M. Thomas Richardson; Phillip Reed, Claimants-Appellants. In Re: In the Matter of the Complaint of King Fisher Marine Service L P as owner of the Dredges Leonard M. Fisher and Everett Fisher, Petitioner-Appellee, v. Louisiana State; Orleans Parish School Board; Debbie M. Thomas Richardson; Phillip Reed, Claimants-Appellants. In Re: In the Matter of the Complaint of Pine Bluff Sand and Gravel Company as owner and operator of dredge Marion praying for exoneration from or limitation of liability, Petitioner-Appellee, v. Louisiana State; Orleans Parish School Board; Debbie M. Thomas Richardson; Phillip Reed, Claimants-Appellants. In Re: In the Matter of the Complaint of Weeks Marine, Inc. as owner of the Dredges B. E. Lindholm, George D. Williams, Weeks 262 and BT 208, Petitioner-Appellee, v. Louisiana State; Orleans Parish School Board; Debbie M. Thomas Richardson; Phillip Reed, Claimants-Appellants.

United States Court of Appeals, Fifth Circuit.

October 14, 2010.


Attorney(s) appearing for the Case

George M. Gilly , Evans Martin McLeod , William Joseph Riviere , Phelps Dunbar, L.L.P., New Orleans, LA, for Manson Constr. Co.

William J. Larzelere, Jr. , Thomas Justin Simpson , Larzelere, Picou, Wells, Simpson, Lonero, L.L.C., Metairie, LA, for Luhr Bros., Inc.

Richard A. Cozad , Emma Alexandra Mekinda , McAlpine & Cozad, New Orleans, LA, for King Fisher Marine Serv. L.P.

Andre J. Mouledoux , Mouledoux, Bland, Legrand & Brackett, L.L.C., New Orleans, LA, for Pine Bluff Sand & Gravel Co.

Randolph J. Waits , John Francis Emmett, I , Waits, Emmett & Popp, L.L.C., New Orleans, LA, for Weeks Marine, Inc.

Camilo Kossy Salas, III (argued), Salas & Co., L.C., New Orleans, LA, for Abrahms and others.

James H. Roussel , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, William Paul Ferranti (argued), Winston & Strawn, L.L.P., Chicago, IL, Gene C. Schaerr , Winston & Strawn, L.L.P, Washington, DC, Nyka Marie Scott , Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C., New Orleans, LA, for Great Lakes Dredge & Dock Co., LLC.

Samuel Bryan Gabb , Joseph R. Pousson, Jr. , Plauche, Smith & Nieset, L.L.C., Lake Charles, LA, for Mike Hooks, Inc.

Arthur Gordon Grant, Jr., Sr. Litigating Atty., Philip S. Brooks, Jr. , Montgomery Barnett, New Orleans, LA, for T.L. James & Co., Inc. and TLJIC LLC.

Before KING, HIGGINBOTHAM and GARZA, Circuit Judges.


KING, Circuit Judge:

In this consolidated limitation action, Claimants, Hurricane Katrina flood victims, filed claims against the Limitation Petitioners, private companies that operated twenty-two dredging vessels along the Mississippi River Gulf Outlet pursuant to contracts with the United States Army Corps of Engineers. Claimants suffered damages from the flooding of Orleans and St. Bernard Parishes when several levee systems failed as a result of the erosion of...

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