Bigger Pie Forum | Mississippi River Flooding Lawsuit Against Corps of Engineers Moves Forward | BPF
The Mississippi River flooding lawsuit against the Corps. of Engineers will move forward after the Honorable Elaine Kaplan ruled against their Motion to Dismiss directly from the bench the day of the hearing in Natchez. This is a big step forward and win for landowners in southwest Mississippi and for the state’s 16th section land in this area that has been flooding year after year, nearly destroying the land’s productivity. Wyatt Emmerich, publisher of The Northside Sun, reported on the hearing. See a selected portion of his article below. The full article can be read in The Northside Sun.
Five hundred Mississippi landowners scored a big victory in Natchez recently in their quest to be reimbursed a billion dollars by the federal government for flooding their land.
The U. S. Army Corps of Engineers was asking federal claims court judge Elaine Kaplan to dismiss the suit. After an hour of hearing both sides, Kaplan ruled that the suit could go forward.
Kaplan made the ruling directly from the bench that day – a most unusual action. Typically, judges wait weeks or months to review the arguments and then issue a written ruling.
Kaplan’s immediate bench ruling bodes well for the ultimate success of the lawsuit. The 100 or so plaintiffs and their attorneys who attended the hearing were almost giddy with excitement.
The Mississippi plaintiffs have some heavy hitters for attorneys. Legendary trial lawyer Don Barrett of Lexington has teamed up with top-notch Washington D.C. firm Cuneo, Gilbert & LaDuca, an expert in takings cases. This is the real deal.
The case is pretty easy to understand. Seventy or so years ago, experts realized the Mississippi River was about to divert from its historical path through Baton Rouge and New Orleans. An