Hotmail
FEMA seeks immunity from trailer lawsuits
Victims accuse agency of negligence, say they were exposed to toxic fumes
 | A FEMA trailer in the Broadmoor area of New Orleans on Feb. 14. U.S. health officials urged Gulf Coast hurricane victims out of their government-issued trailers after tests found toxic levels of formaldehyde fumes. FEMA wants immunity from a series of lawsuits filed on behalf of victims. |
Alex Brandon / AP file |
 | Video: Crime & courts |
 McNair’s death ruled a homicide July 5: Authorities are calling the death of the former NFL MVP a homicide, but stopped short of classifying that of the 20-year-old woman found nearby. NBC’s Ron Mott reports. |
On the run |
The U.S. Marshals want your help finding their "15 Most Wanted" fugitives, a notorious list of suspects fleeing everything from murder and robbery to child sex charges. To date, about 200 of the fugitives profiled on the list have been found. Tips leading to an arrest are rewarded up to $25,000. Click here to see the fugitives. |
 |
Breaking news alerts (about 1 per day) |
Find more alerts at alerts.msnbc.com |
NEW ORLEANS - The Federal Emergency Management Agency is requesting immunity from lawsuits filed on behalf of Gulf Coast hurricane victims who claim they were exposed to dangerous fumes while living in government-issued trailers.
On Wednesday, U.S. District Judge Kurt Engelhardt is scheduled to hear FEMA’s bid to be dismissed from a series of consolidated cases filed against the federal government and the companies that supplied FEMA with tens of thousands of trailers after Katrina and then Rita in 2005.
Lawyers for Gulf Coast storm victims accuse FEMA of negligence for sheltering them in trailers with elevated levels of formaldehyde, a preservative used in construction materials that can induce breathing problems and is believed to cause cancer.
In court papers, FEMA’s lawyers told the judge the agency is entitled to immunity from such claims challenging its response to disasters such as Katrina.
The federal government’s lawyers said FEMA spent more than $2.5 billion to purchase more than 140,000 new trailers from recreational vehicle dealers and trailer manufacturers after the storms. They also said the agency relied on manufacturers to furnish the agency with a “safe, habitable, functional product.”
“It is well-established that the (government) is only liable in such situations if it supervised and directed day-to-day activities of its contractors, which did not occur in this case,” they argued in the court papers.
The government’s lawyers also wrote that a review of legislative history left “no doubt” that Congress intended to enact a broad bar against any such claims arising from disaster relief actions.
'Hand in hand'
Tony Buzbee, one of the lead lawyers for the plaintiffs, said FEMA and the trailer manufacturers “worked hand in hand” after the 2005 hurricanes and should share legal liability in the cases. The lawsuits contend FEMA ignored concerns about formaldehyde levels in trailers for months after Katrina.
“FEMA is right to blame the manufacturers for the production of the toxic trailers, but the agency is not without culpability or legal liability for this debacle,” Buzbee said in a written statement Tuesday.
Lawyers for the plaintiffs want Engelhardt to certify the consolidated cases as a class action on behalf of tens of thousands of current and former trailer occupants in Alabama, Louisiana, Mississippi and Texas. The judge hasn’t ruled on that request yet.
The plaintiffs’ lawyers said it’s premature for Engelhardt to consider dismissing FEMA from the cases.
- Discuss Story On Newsvine
-
Rate Story:
View popularLowHigh - Instant Message
MORE FROM CRIME & COURTS |
 Crime & courts Section Front |
| Add Crime & courts headlines to your news reader: |
Boost your career with an online Degree. Pick from Leading Colleges!
www.EarnMyDegree.com
Sponsored links
Resource guide