U.S. Fifth Circuit - The FindLaw 5th Circuit Court of Appeals Opinion Summaries Blog

Hurricane Katrina Canal Breach Case, and ERISA Action

In Anderson v. Cytec Indus., Inc., No. 09-30333, an action challenging defendant's denial of plaintiff's ERISA claim for short-term disability benefits, the court affirmed judgment for defendant where 1) it was not unreasonable to ask for some objective showing that plaintiff's PTSD-related disability prevented him from performing his job; and 2) defendant's decision that plaintiff was not "totally disabled" was not arbitrary and capricious and was supported by substantial evidence.

In In re: Katrina Canal Breaches Litig., No. 09-30449, an action against an engineering firm claiming that its negligent and improper actions in fulfilling a military contract were a cause of flood damage resulting from Hurricane Katrina, the court reversed summary judgment for defendant where the specifications for the work at issue were not sufficiently precise to entitle defendant to government contractor immunity.

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