If there are cries of “activists judges” all I say is thank God someone is acting. Two recent cases…
The Bush administration unconstitutionally denied aid to tens of thousands of Gulf Coast residents displaced by hurricanes Katrina and Rita and must resume payments immediately, a federal judge ordered yesterday.
“It is unfortunate, if not incredible, that FEMA and its counsel could not devise a sufficient notice system to spare these beleaguered evacuees the added burden of federal litigation to vindicate their constitutional rights,” Leon, a D.C. federal judge, wrote in a 19-page opinion.
“Free these evacuees from the ‘Kafkaesque’ application process they have had to endure,” he wrote.
And in another case at least giving a ray of hope…
NEW YORK (AP) — An unexpected ruling by a federal judge in Louisiana could result in more homeowners collecting money for flood damage caused by Hurricane Katrina — at a likely cost of more than $1 billion to the industry.
U.S. District Judge Stanwood Duval Jr. on Monday sided with New Orleans homeowners who argued that the language excluding water damage from some insurance policies was ambiguous.
Although he said the lawsuit against The Allstate Corp., The St. Paul Travelers Companies Inc. and other insurers could go forward, he also said the issue of “flood exclusion” was so central to the case that it could be appealed immediately by the insurers.
Spokesmen for both Allstate and St. Paul Travelers said they planned an appeal.
Thanks to all who emailed on these…I appreciate every email, never hesitate to write…ok? (email address is in sidebar)—–