-DAN STEFANIDES
I spent the week working at Common Ground, along with Jack, Eli, and Tom. I spent my time working on a number of different tasks including writing a demand letter in a landlord/tenant dispute, gathering signatures for a pettition that would limit the amount that landlords could raise the cost of rental units from pre-Katrina levels, and writing a brochure about the risk of foreclosure
I also spent a lot of time working through the red tape that is FEMA to attempt to help people recieve some of the benefits that they are entitled to. The main project that I worked on in this area was working with the Corporate Lodging Corporations (CLC) Dissaster Assistance Program (DAP). The CLC is a private company that recieved a contract from FEMA to implement the DAP. DAP is a housing assistance program that instead of giving money to the disaster victims it pays the money directly to the landlord. Many residents want to sign up for this program because it makes it much easier for them to recieve the aid. However, to be eligible for this program the tenant needs to have the landlord sign up and many landlords are relunctant to do so for whatever reason. My job was to write a memo to give to landlords that explains the process in plain language so it is easier for the landlords to sign up for the program and the for the tenants to recieve the aid that they are entitled to.
Saturday, March 31, 2007
H-2B visas
-EMILY WALSH
I worked with Elisa researching H-2B visas through the New Orleans Workers' Center for Racial Justice. As a first year student still looking for a career niche, I was happy to get to research this issue, which involved both employment and immigration law, and is also an area of law that is very politically relevant. Although I knew guest worker visas were controversial and had heard discussion about them on NPR, I didn’t know very much about them before coming to New Orleans. I quickly learned of the extensive problems associated with guest worker visas, and the horrific problems faced by those who enter the country hoping to stay here only temporarily, to make money for their families and return home. Because the structure of guest worker visas ties a worker to an employer, the worker is completely at the mercy of the employer who brought them into the country. This is obviously problematic and creates a situation of unequal bargaining and is conducive to worker exploitation. Company representatives lure workers in from all over the world, with promises of a high salary and a forty-hour work week. Most take out thousands of dollars in loans to pay for their visas. The reality when these guest workers arrive is often quite different from what they were promised. They are given few hours of work per week and are charged for housing and food. They are then unable to pay back their loans, unable to earn money through other employment, and often their passports are taken, making them unable to leave.
There are thousands of workers in this situation, and yet there is almost no case history. It was great to work on a project for such an underrepresented population, and I hope to read about positive progress with these lawsuits.
On a broader level, seeing the lower ninth ward, and spending time with the Workers' Center for Racial Justice was an intense experience. We spent a lot of time "debriefing" with this group. In many of the sessions I noticed that nearly every person described their experience as "interesting." This is not one of my favorite words, and is one I tried to hammer out of student writing in my limited experience teaching composition to high school students at summer school. Yet, when I came back and people asked me about my experiences, I found myself saying "it was interesting." I used it because it's a hard experience to describe and while my experience was certainly not bad, I can't say my work experience was overwhelmingly positive either. I enjoyed the research I did, and love New Orleans, but it is difficult to spend essentially four days (day one was orientation) getting into an issue, only to leave it. It seems this is a serious problem or New Orleans right now, as volunteers come and go, and there seems to be a dearth of solid, consistent leadership that might be able to tie individual volunteer efforts into a more constructive whole.
Even in our involvement with the Worker's Center, just as the 12 or so law students Elisa and I worked with got into our research, we would be asked to stop and go to a debriefing to reflect on our experience. I appreciate the value of reflection, but these sessions were often angry racially fueled airings of grief, rather than reflections on progress and work. The sessions themselves took three or more hours out of our workday, making them a direct impediment to progress. I certainly understand the level of anger, especially for the people in the lower 9th, and as Professor Quigley told us, New Orleans is at the anger stage in the grieving process right now. However, while anger can be used as a tool for community organizing, it does not seem like the best method to achieve positive progress, especially with outside volunteer efforts. This worries me because New Orleans is still very much a wounded city, and there is a real question as to whether the minority population will ever return, and as to whether the lower ninth ward will be rebuilt. Volunteer efforts seem to be an essential part of rebuilding, but right now there is more anger than there is leadership and direction. There is significant controversy as to the direction of New Orleans, and who will get to choose that direction. It is difficult to organize volunteers to work towards a goal without a plan or framework to work within, and I know of other volunteers who relocated to the area to help, only to leave frustrated. I'm glad I went to New Orleans and do feel like I was able to contribute to a solution to a problem that can be significantly ameliorated by a court outcome. While it is a small part of the problem New Orleans faces, the judicial system has a clear framework and rules to follow and I hope the outcome of the case helps the currently powerless guest worker population in Louisiana.
I worked with Elisa researching H-2B visas through the New Orleans Workers' Center for Racial Justice. As a first year student still looking for a career niche, I was happy to get to research this issue, which involved both employment and immigration law, and is also an area of law that is very politically relevant. Although I knew guest worker visas were controversial and had heard discussion about them on NPR, I didn’t know very much about them before coming to New Orleans. I quickly learned of the extensive problems associated with guest worker visas, and the horrific problems faced by those who enter the country hoping to stay here only temporarily, to make money for their families and return home. Because the structure of guest worker visas ties a worker to an employer, the worker is completely at the mercy of the employer who brought them into the country. This is obviously problematic and creates a situation of unequal bargaining and is conducive to worker exploitation. Company representatives lure workers in from all over the world, with promises of a high salary and a forty-hour work week. Most take out thousands of dollars in loans to pay for their visas. The reality when these guest workers arrive is often quite different from what they were promised. They are given few hours of work per week and are charged for housing and food. They are then unable to pay back their loans, unable to earn money through other employment, and often their passports are taken, making them unable to leave.
There are thousands of workers in this situation, and yet there is almost no case history. It was great to work on a project for such an underrepresented population, and I hope to read about positive progress with these lawsuits.
On a broader level, seeing the lower ninth ward, and spending time with the Workers' Center for Racial Justice was an intense experience. We spent a lot of time "debriefing" with this group. In many of the sessions I noticed that nearly every person described their experience as "interesting." This is not one of my favorite words, and is one I tried to hammer out of student writing in my limited experience teaching composition to high school students at summer school. Yet, when I came back and people asked me about my experiences, I found myself saying "it was interesting." I used it because it's a hard experience to describe and while my experience was certainly not bad, I can't say my work experience was overwhelmingly positive either. I enjoyed the research I did, and love New Orleans, but it is difficult to spend essentially four days (day one was orientation) getting into an issue, only to leave it. It seems this is a serious problem or New Orleans right now, as volunteers come and go, and there seems to be a dearth of solid, consistent leadership that might be able to tie individual volunteer efforts into a more constructive whole.
Even in our involvement with the Worker's Center, just as the 12 or so law students Elisa and I worked with got into our research, we would be asked to stop and go to a debriefing to reflect on our experience. I appreciate the value of reflection, but these sessions were often angry racially fueled airings of grief, rather than reflections on progress and work. The sessions themselves took three or more hours out of our workday, making them a direct impediment to progress. I certainly understand the level of anger, especially for the people in the lower 9th, and as Professor Quigley told us, New Orleans is at the anger stage in the grieving process right now. However, while anger can be used as a tool for community organizing, it does not seem like the best method to achieve positive progress, especially with outside volunteer efforts. This worries me because New Orleans is still very much a wounded city, and there is a real question as to whether the minority population will ever return, and as to whether the lower ninth ward will be rebuilt. Volunteer efforts seem to be an essential part of rebuilding, but right now there is more anger than there is leadership and direction. There is significant controversy as to the direction of New Orleans, and who will get to choose that direction. It is difficult to organize volunteers to work towards a goal without a plan or framework to work within, and I know of other volunteers who relocated to the area to help, only to leave frustrated. I'm glad I went to New Orleans and do feel like I was able to contribute to a solution to a problem that can be significantly ameliorated by a court outcome. While it is a small part of the problem New Orleans faces, the judicial system has a clear framework and rules to follow and I hope the outcome of the case helps the currently powerless guest worker population in Louisiana.
Thursday, March 29, 2007
Screening of Spike Lee's "When the Levees Broke" at Villanova
Hurricane Katrina: When the Levees Broke
On Sunday, April 1 and Monday, April 2, there will be a showing of Spike Lee's Documentary "When the Levees Broke" in the Villanova Room from 7-9 pm. Sunday will show parts 1 & 2, while Monday will show parts 3 & 4. Students, staff and faculty are greatly encourage to show up for as much of the showing as they are able to, doors will remain open throughout the entire showing. On Monday, there will be an open forum after the film to discuss building on the efforts of the Villanova community in relation to Hurricane Katrina, including the recent 190 Villanovans who traveled to the area over Spring Break. Please come watch part of the film and help us spread awareness and compassion for so many people who are still in need of our help.
If you have questions, please contact: abigail.kupstas@villanova.edu
On Sunday, April 1 and Monday, April 2, there will be a showing of Spike Lee's Documentary "When the Levees Broke" in the Villanova Room from 7-9 pm. Sunday will show parts 1 & 2, while Monday will show parts 3 & 4. Students, staff and faculty are greatly encourage to show up for as much of the showing as they are able to, doors will remain open throughout the entire showing. On Monday, there will be an open forum after the film to discuss building on the efforts of the Villanova community in relation to Hurricane Katrina, including the recent 190 Villanovans who traveled to the area over Spring Break. Please come watch part of the film and help us spread awareness and compassion for so many people who are still in need of our help.
If you have questions, please contact: abigail.kupstas@villanova.edu
Saturday, March 24, 2007
From cnn.com: Katrina victims' class-action suit against insurer ruled out
• State Farm being sued by policyholders over denial of claims after hurricane
• Insurers say policies cover damage from wind but not rising water
• Federal judge rules "factual differences between cases" prevents class action
• Policyholders can file separate claims against insurer
(AP) -- A federal judge on Thursday refused to allow a class action against State Farm Insurance Cos. over the insurer's denial of claims on Mississippi's Gulf Coast after Hurricane Katrina.
State Farm policyholder Judy Guice had asked U.S. District Judge L.T. Senter Jr. to permit her to join other policyholders whose homes were reduced to slabs by the August 2005 storm in a class action against the Bloomington, Illinois-based insurer.
But the judge, who heard testimony on the proposal during a February 28 hearing in Gulfport, Mississippi, ruled Thursday that a class action for "slab cases" is "inconsistent with the requirements of due process."
"While each of the many 'slab cases' has in common the fact that the insured property was totally destroyed during Hurricane Katrina, the many other factual differences between the cases preclude the relief that Guice is seeking," Senter wrote in his three-page ruling.
In a class action, a court authorizes a single person or a small group of people to represent the interests of a larger group.
Guice's attorneys have argued that the facts in each "slab case" against State Farm are essentially the same and should be heard together. But State Farm says the cases must be tried separately because the facts of each claim are different.
"We're pleased with Judge Senter's affirmation that each claim is unique and no two property owners experience the same type of loss," State Farm spokesman Phil Supple said. "It's only right that each claim be tried on its own merits, separately."
A disappointed Guice said certifying a class action may be the only way to provide legal relief to homeowners who are "too weak to forge ahead alone."
"In the end, I'm sure that justice will prevail," she said.
In his ruling, Senter said three recent trials for lawsuits against State Farm have taught him that "there are as many differences between the 'slab cases' as there are similarities" in how Katrina damaged homes.
"For this reason," he wrote, "I do not believe there is any procedural advantage in creating a class of State Farm 'slab cases' that would not be offset by the factors that will ultimately require the individual treatment of these claims."
A trial for Guice's individual lawsuit against State Farm is scheduled to start in Gulfport in May, but Guice said she expects it to be postponed.
Speedy resolution to hundreds of lawsuits sought
During last month's hearing, several policyholders pleaded with Senter to find a speedy way to resolve hundreds of lawsuits that have been filed against State Farm and other insurers after Katrina.
The insurers say their policies cover damage from wind but not rising water, including storm surge.
Senter has expressed strong support for using court-ordered mediation to clear a backlog of federal lawsuits over Katrina damage. He said last month that a court-ordered mediation program, which has settled at least 47 of 88 cases heard so far, has exceeded his early expectations.
The judge, however, has solicited ideas on other ways to resolve cases in a "just, speedy and inexpensive" manner.
Senter held a separate hearing February 28 on the terms of a proposed settlement that calls for State Farm to pay at least $50 million to roughly 35,000 policyholders who didn't sue the company but could have their claims reopened.
After the hearing, a team of lawyers led by Richard "Dickie" Scruggs withdrew their request for Senter to sign off on the agreement, citing a legal "stalemate" and the judge's apparent reluctance to approve the settlement. Senter hasn't ruled on that earlier request to approve the deal.
Meanwhile, Mississippi Insurance Commissioner George Dale announced Monday that his office has reached a separate agreement with State Farm that calls for the company to re-evaluate and possibly pay thousands of claims.
In January, Senter presided over the first jury trial for a Katrina insurance suit. He sided with policyholders Norman and Genevieve Broussard in that case, saying State Farm acted in a "grossly negligent way" by denying their claim.
Senter ruled that State Farm has the burden of proving how much damage resulted from flood water.
Copyright 2007 The Associated Press. All rights reserved.
Katrina victims' class-action suit against insurer ruled out - CNN.com, http://www.cnn.com/2007/LAW/03/22/katrina.lawsuit.ap/index.html (last visited Mar. 24, 2007).
• Insurers say policies cover damage from wind but not rising water
• Federal judge rules "factual differences between cases" prevents class action
• Policyholders can file separate claims against insurer
(AP) -- A federal judge on Thursday refused to allow a class action against State Farm Insurance Cos. over the insurer's denial of claims on Mississippi's Gulf Coast after Hurricane Katrina.
State Farm policyholder Judy Guice had asked U.S. District Judge L.T. Senter Jr. to permit her to join other policyholders whose homes were reduced to slabs by the August 2005 storm in a class action against the Bloomington, Illinois-based insurer.
But the judge, who heard testimony on the proposal during a February 28 hearing in Gulfport, Mississippi, ruled Thursday that a class action for "slab cases" is "inconsistent with the requirements of due process."
"While each of the many 'slab cases' has in common the fact that the insured property was totally destroyed during Hurricane Katrina, the many other factual differences between the cases preclude the relief that Guice is seeking," Senter wrote in his three-page ruling.
In a class action, a court authorizes a single person or a small group of people to represent the interests of a larger group.
Guice's attorneys have argued that the facts in each "slab case" against State Farm are essentially the same and should be heard together. But State Farm says the cases must be tried separately because the facts of each claim are different.
"We're pleased with Judge Senter's affirmation that each claim is unique and no two property owners experience the same type of loss," State Farm spokesman Phil Supple said. "It's only right that each claim be tried on its own merits, separately."
A disappointed Guice said certifying a class action may be the only way to provide legal relief to homeowners who are "too weak to forge ahead alone."
"In the end, I'm sure that justice will prevail," she said.
In his ruling, Senter said three recent trials for lawsuits against State Farm have taught him that "there are as many differences between the 'slab cases' as there are similarities" in how Katrina damaged homes.
"For this reason," he wrote, "I do not believe there is any procedural advantage in creating a class of State Farm 'slab cases' that would not be offset by the factors that will ultimately require the individual treatment of these claims."
A trial for Guice's individual lawsuit against State Farm is scheduled to start in Gulfport in May, but Guice said she expects it to be postponed.
Speedy resolution to hundreds of lawsuits sought
During last month's hearing, several policyholders pleaded with Senter to find a speedy way to resolve hundreds of lawsuits that have been filed against State Farm and other insurers after Katrina.
The insurers say their policies cover damage from wind but not rising water, including storm surge.
Senter has expressed strong support for using court-ordered mediation to clear a backlog of federal lawsuits over Katrina damage. He said last month that a court-ordered mediation program, which has settled at least 47 of 88 cases heard so far, has exceeded his early expectations.
The judge, however, has solicited ideas on other ways to resolve cases in a "just, speedy and inexpensive" manner.
Senter held a separate hearing February 28 on the terms of a proposed settlement that calls for State Farm to pay at least $50 million to roughly 35,000 policyholders who didn't sue the company but could have their claims reopened.
After the hearing, a team of lawyers led by Richard "Dickie" Scruggs withdrew their request for Senter to sign off on the agreement, citing a legal "stalemate" and the judge's apparent reluctance to approve the settlement. Senter hasn't ruled on that earlier request to approve the deal.
Meanwhile, Mississippi Insurance Commissioner George Dale announced Monday that his office has reached a separate agreement with State Farm that calls for the company to re-evaluate and possibly pay thousands of claims.
In January, Senter presided over the first jury trial for a Katrina insurance suit. He sided with policyholders Norman and Genevieve Broussard in that case, saying State Farm acted in a "grossly negligent way" by denying their claim.
Senter ruled that State Farm has the burden of proving how much damage resulted from flood water.
Copyright 2007 The Associated Press. All rights reserved.
Katrina victims' class-action suit against insurer ruled out - CNN.com, http://www.cnn.com/2007/LAW/03/22/katrina.lawsuit.ap/index.html (last visited Mar. 24, 2007).
Wednesday, March 21, 2007
Common Ground Legal - Section 8 Housing research
-TOM BAXTER
Along with Jack, Dan, and Eli, as well as the esteemed "Little" Johnny Parsons, I spent my week in New Orleans working at Common Ground, spending the majority of the week on their project to verify available Section 8 housing. As mentioned in other posts, there is a lawsuit in progress to re-open the Lafitte housing complex. The powers that be are claiming that there is a surplus of over 900 available Section 8 residences that are currently ready for rental, but without any demand. They are using this as support for their proposal to demolish the Lafitte complex and rebuild the area as a mixed-income neighborhood.
To aid this lawsuit, Common Ground has been attempting to verify that such a surplus of Section 8 housing exists by searching the Housing Authority of New Orleans (HANO) list of Section 8 housing and investigating the availability of the addresses listed. While working on this project Eli and I went through portions of the HANO list and called landlords to inquire as to the actual availability of the listings. (Not so) Surprisingly, over half of the properties listed were not available for rent, either because the properties are not yet rebuilt after the hurricane or because they have already been rented. For any properties that were legitimately available for rent, Eli and I were able to schedule appointments and visit the properties to collect information and pictures to compile a database of available housing for any people still searching for housing after being displaced by the hurricane.
I enjoyed this task at Common Ground, and since I had my car in N.O. we were able to see a lot more of the city while visiting the available properties that many members of our trip may not have been able to see. It was amazing to see that even after 18 months the city is still in such a quagmire, but the residents are hopeful and ready to move on and prosper. Eli and I were only part of a larger group of rotating volunteers to work on this project, but it was very redeeming to know that we are part of something that can be used not only to help reopen the Lafitte complex by aiding the lawsuit, but also that by visiting and gathering information about available Section 8 housing we are helping people return home to New Orleans to pick up where they left off.
Along with Jack, Dan, and Eli, as well as the esteemed "Little" Johnny Parsons, I spent my week in New Orleans working at Common Ground, spending the majority of the week on their project to verify available Section 8 housing. As mentioned in other posts, there is a lawsuit in progress to re-open the Lafitte housing complex. The powers that be are claiming that there is a surplus of over 900 available Section 8 residences that are currently ready for rental, but without any demand. They are using this as support for their proposal to demolish the Lafitte complex and rebuild the area as a mixed-income neighborhood.
To aid this lawsuit, Common Ground has been attempting to verify that such a surplus of Section 8 housing exists by searching the Housing Authority of New Orleans (HANO) list of Section 8 housing and investigating the availability of the addresses listed. While working on this project Eli and I went through portions of the HANO list and called landlords to inquire as to the actual availability of the listings. (Not so) Surprisingly, over half of the properties listed were not available for rent, either because the properties are not yet rebuilt after the hurricane or because they have already been rented. For any properties that were legitimately available for rent, Eli and I were able to schedule appointments and visit the properties to collect information and pictures to compile a database of available housing for any people still searching for housing after being displaced by the hurricane.
I enjoyed this task at Common Ground, and since I had my car in N.O. we were able to see a lot more of the city while visiting the available properties that many members of our trip may not have been able to see. It was amazing to see that even after 18 months the city is still in such a quagmire, but the residents are hopeful and ready to move on and prosper. Eli and I were only part of a larger group of rotating volunteers to work on this project, but it was very redeeming to know that we are part of something that can be used not only to help reopen the Lafitte complex by aiding the lawsuit, but also that by visiting and gathering information about available Section 8 housing we are helping people return home to New Orleans to pick up where they left off.
Monday, March 19, 2007
Research for Lawsuit on Behalf of Non-Immigrant Workers
-ELISA CANNIZZARO
Emily and I worked for the Workers’ Center for Racial Justice on a research assignment to aid lawyers bringing a lawsuit on behalf of temporary non-immigrant workers who were recruited soon after Katrina to come to Louisiana with promises of secure jobs, a place to live, and the ability to send money home to their families. They were all brought over (mostly from Mexico) under the H2B worker visa program which permits unskilled foreign workers to temporarily come to the United States to fill jobs that are not being filled by US citizens.
The problem is that these workers were made promises by the people recruiting them – promises which are not being fulfilled by their employers now that they are here. They were promised at least 40 hours a week at a pay rate of $10/hour and are now working much less time for much less pay. They are supplied with housing by their employers, so half of the money they do make goes back into the employer’s pocket. In fact, the workers live in virtual slavery because their employers have taken their passports after they’ve entered the country and have not returned them, so they have no way of getting home. They aren’t able to send as much money home as they’d thought, and worst of all, they are afraid that if they complain, they’ll be deported.
One sad thing that we learned in researching case law on this issue is that there isn’t any. These abuses existed long before Katrina in other parts of the country, and nobody has done anything about it. A few recent actions being brought in Louisiana are the first steps in helping these workers. One encouraging thing that I learned is that there are lawyers who are dedicating their careers to helping people who desperately need them. It is people like these workers who motivated me to want to become a lawyer – people who are too afraid or too disadvantaged to help themselves. I am thankful for the very small part I played in helping them and hope for further opportunity to aid those who really need my help.
Emily and I worked for the Workers’ Center for Racial Justice on a research assignment to aid lawyers bringing a lawsuit on behalf of temporary non-immigrant workers who were recruited soon after Katrina to come to Louisiana with promises of secure jobs, a place to live, and the ability to send money home to their families. They were all brought over (mostly from Mexico) under the H2B worker visa program which permits unskilled foreign workers to temporarily come to the United States to fill jobs that are not being filled by US citizens.
The problem is that these workers were made promises by the people recruiting them – promises which are not being fulfilled by their employers now that they are here. They were promised at least 40 hours a week at a pay rate of $10/hour and are now working much less time for much less pay. They are supplied with housing by their employers, so half of the money they do make goes back into the employer’s pocket. In fact, the workers live in virtual slavery because their employers have taken their passports after they’ve entered the country and have not returned them, so they have no way of getting home. They aren’t able to send as much money home as they’d thought, and worst of all, they are afraid that if they complain, they’ll be deported.
One sad thing that we learned in researching case law on this issue is that there isn’t any. These abuses existed long before Katrina in other parts of the country, and nobody has done anything about it. A few recent actions being brought in Louisiana are the first steps in helping these workers. One encouraging thing that I learned is that there are lawyers who are dedicating their careers to helping people who desperately need them. It is people like these workers who motivated me to want to become a lawyer – people who are too afraid or too disadvantaged to help themselves. I am thankful for the very small part I played in helping them and hope for further opportunity to aid those who really need my help.
Gert Town Revival Initiative
-ALYSSA JORDAN
The two coolest kids at Villanova (Matt and Alyssa) got to work for the Gert Town Initiative in Mid-City New Orleans. We were basically mapping out the housing in Mid-City, taking pictures and documenting the housing conditions. By the end of one week of documentation, the Gert Town Initiative had compiled more information on Mid-City than City Hall!
The two coolest kids at Villanova (Matt and Alyssa) got to work for the Gert Town Initiative in Mid-City New Orleans. We were basically mapping out the housing in Mid-City, taking pictures and documenting the housing conditions. By the end of one week of documentation, the Gert Town Initiative had compiled more information on Mid-City than City Hall!
Friday, March 16, 2007
The Group
Just after arriving in New Orleans, we enjoyed an amazing dinner at Olivier's in the French Quarter, thanks to Alyssa.
Top Row (left to right): Matt Dourdis, Elisa Cannizzaro, Eli Roeschke, Alyssa Jordan, Emily Walsh, Matt Durkin, Dan Stefanides, Jack O'Brien, Joe Fusco, Matt Hoban, Tom Baxter
Bottom (left to right): Phil Schwartz, Maureen Rozanski, Jennifer Herrmann
Friday, March 9, 2007
My Work at Common Ground
-JACK O'BRIEN
I enjoyed my work at Common Ground Legal Advocacy this week. The week encompassed a wide range of tasks including researching liens and bonds for home improvement projects, drafting a demand later to an employer for a hotel employee's unpaid wages, writing a memorandum about J-1 visa expiration and guidelines/penalties for delayed renewal, briefly standing in as a legal observer in the event that community activists cleaning out a high school slated for destruction in the Ninth Ward were stopped by police, and navigating the complex statutory program for adversely possessing blighted properties in New Orleans.
The unique range of work was mirrored by the surrounding New Orleans community. The strange combination of desolation and rebirth that is omnipresent in New Orleans simultaneously motivates and depresses. A family rebuilding their home often sits next door to an unrecognizable property seemingly without any promise of future repair. New Orleans, although prideful and content, seems to be stubbornly progressing without a comprehensive federal plan or even state-wide plan for regrowth. Although we 14 Villanova law students willed our effort toward the cause, such pockets of positivity can only do so much without an overlying framework in which to fit into. Further issues then arise, and have arisen, as to what framework is best for New Orleans, whose view determines the selected framework, and what cultural and social narratives are omitted from that framework.
I enjoyed my work at Common Ground Legal Advocacy this week. The week encompassed a wide range of tasks including researching liens and bonds for home improvement projects, drafting a demand later to an employer for a hotel employee's unpaid wages, writing a memorandum about J-1 visa expiration and guidelines/penalties for delayed renewal, briefly standing in as a legal observer in the event that community activists cleaning out a high school slated for destruction in the Ninth Ward were stopped by police, and navigating the complex statutory program for adversely possessing blighted properties in New Orleans.
The unique range of work was mirrored by the surrounding New Orleans community. The strange combination of desolation and rebirth that is omnipresent in New Orleans simultaneously motivates and depresses. A family rebuilding their home often sits next door to an unrecognizable property seemingly without any promise of future repair. New Orleans, although prideful and content, seems to be stubbornly progressing without a comprehensive federal plan or even state-wide plan for regrowth. Although we 14 Villanova law students willed our effort toward the cause, such pockets of positivity can only do so much without an overlying framework in which to fit into. Further issues then arise, and have arisen, as to what framework is best for New Orleans, whose view determines the selected framework, and what cultural and social narratives are omitted from that framework.
Map of Katrina Flood Water Depth and Levee Breaches
Click on the image below for an enlarged map of the flood water depths and levee breaches that occurred during Hurricane Katrina.
Thursday, March 8, 2007
Allstate told to reinstate 4700+ New Orleans policies
Insurer must reinstate policies in New Orleans
Bloomberg News
Wednesday, March 7, 2007
NEW YORK: Allstate, the second- largest U.S. home and auto insurer, must reinstate as many as 4,772 policies in the New Orleans hurricane area after an investigation by Louisiana's insurance regulator found that some coverage was canceled improperly.
Allstate told Insurance Commissioner Jim Donelon it had dropped the policies because they covered homes found to be abandoned, Donelon said Tuesday at a news conference broadcast on his Web site.
In examining a sampling of addresses, he found that some homes were being repaired instead.
"At best, it was a very ill-conceived and spottily implemented inspection program," Donelon said. "At worst, they wanted off of the coverage."
Allstate said it had inspected each property and given customers a chance to prove they were repairing their homes before dropping the policies. Construction at some homes may have begun only after the Allstate inspection, said the company spokeswoman, Kate Hollcraft.
Donelon ordered the Northbrook, Illinois-based company to restore all policies that were canceled without the homeowner's consent. Allstate is reviewing the order, Hollcraft said.
Allstate has been retreating from coastal areas to reduce its risks after Hurricane Katrina and other Gulf Coast storms pushed its 2005 catastrophic costs to $5.67 billion. The company stopped selling new policies in parts of Louisiana and other states last year.
State Farm reconsidering
State Farm Mutual Automobile Insurance will reconsider as many as 1,200 claims from Mississippi policyholders whose homes were reduced to concrete slabs by Hurricane Katrina, Bloomberg News reported.
The state's largest home insurer will have a new claim adjuster review each of the so-called "slab" claims, a company spokesman, Fraser Engerman, said Tuesday. Insurance Commissioner George Dale estimated that at least 800 cases would be re-examined.
Katrina's devastation in 2005 left room for widespread disputes because so little of some homes remained. Wind-related damage is covered, while wreckage from water is not.
"What we're telling them to do is to pay the claims based on a new set of eyes looking at the loss," Dale said in an interview. In most of State Farm's slab cases, policyholders have gotten "little or nothing," he said.
Bloomberg News
Wednesday, March 7, 2007
NEW YORK: Allstate, the second- largest U.S. home and auto insurer, must reinstate as many as 4,772 policies in the New Orleans hurricane area after an investigation by Louisiana's insurance regulator found that some coverage was canceled improperly.
Allstate told Insurance Commissioner Jim Donelon it had dropped the policies because they covered homes found to be abandoned, Donelon said Tuesday at a news conference broadcast on his Web site.
In examining a sampling of addresses, he found that some homes were being repaired instead.
"At best, it was a very ill-conceived and spottily implemented inspection program," Donelon said. "At worst, they wanted off of the coverage."
Allstate said it had inspected each property and given customers a chance to prove they were repairing their homes before dropping the policies. Construction at some homes may have begun only after the Allstate inspection, said the company spokeswoman, Kate Hollcraft.
Donelon ordered the Northbrook, Illinois-based company to restore all policies that were canceled without the homeowner's consent. Allstate is reviewing the order, Hollcraft said.
Allstate has been retreating from coastal areas to reduce its risks after Hurricane Katrina and other Gulf Coast storms pushed its 2005 catastrophic costs to $5.67 billion. The company stopped selling new policies in parts of Louisiana and other states last year.
State Farm reconsidering
State Farm Mutual Automobile Insurance will reconsider as many as 1,200 claims from Mississippi policyholders whose homes were reduced to concrete slabs by Hurricane Katrina, Bloomberg News reported.
The state's largest home insurer will have a new claim adjuster review each of the so-called "slab" claims, a company spokesman, Fraser Engerman, said Tuesday. Insurance Commissioner George Dale estimated that at least 800 cases would be re-examined.
Katrina's devastation in 2005 left room for widespread disputes because so little of some homes remained. Wind-related damage is covered, while wreckage from water is not.
"What we're telling them to do is to pay the claims based on a new set of eyes looking at the loss," Dale said in an interview. In most of State Farm's slab cases, policyholders have gotten "little or nothing," he said.
Common Ground Legal Advocacy
Tom Baxter, Eli Roeschke, Dan Stefanides and Jack O'Brien of Villanova Law have been volunteering at Common Ground Legal Advocacy this week, doing a variety of law-related tasks from writing demand letters to investigating properties.
Tom "Country" Baxter and Eli Roeschke (above) are hard at work making appointments to go view Section 8 housing and verify its habitability.
John "Data" Parsons (above), of the New England School of Law, plugs away at the Common Ground Section 8 property database.
Dan Stefanides (above) hard at work at Common Ground.
National Guard Shoots Man in Lower 9th Ward
This story from the Times-Picayune online at www.nola.com/t-p/:
National Guard shoots man in Lower 9th Ward
A Louisiana National Guard member on patrol in the Lower Ninth Ward fatally shot a man early Thursday, police said.
Shortly before 1 a.m., a group of guardsmen came upon a man on a bicycle, holding a hacksaw and behaving oddly, according to New Orleans police. The guardsmen exited their vehicles near Benton and North Miro Streets to question to man. The unidentified man brandished a knife, threatened the guardsmen and threw a piece of broken glass at them, police said.
The glass allegedly cut a sergeant on the arm. The man then ran into a home in the 2100 block of Benton Street, which appeared to be in disrepair. Police said it is not known if the man lived there.
By this time, NOPD officers arrived at the scene and accompanied the guardsmen into the home, according to police.
Inside, the man allegedly pointed a rifle at the group. A National Guard Sergeant, not the one previously cut by the thrown glass, then fired on the man, police said.
The man sustained several gunshots to the upper torso and was pronounced dead at the scene, police said.
The gun pointed at the officers was a BB gun, police said.
“New Orleans Police Homicide Detectives are investigating the incident,” the NOPD stated in a news release. “It appears the guardsman’s actions were appropriate and lawful.”
The man’s identity was unknown as of Thursday morning.
National Guard shoots man in Lower 9th Ward
A Louisiana National Guard member on patrol in the Lower Ninth Ward fatally shot a man early Thursday, police said.
Shortly before 1 a.m., a group of guardsmen came upon a man on a bicycle, holding a hacksaw and behaving oddly, according to New Orleans police. The guardsmen exited their vehicles near Benton and North Miro Streets to question to man. The unidentified man brandished a knife, threatened the guardsmen and threw a piece of broken glass at them, police said.
The glass allegedly cut a sergeant on the arm. The man then ran into a home in the 2100 block of Benton Street, which appeared to be in disrepair. Police said it is not known if the man lived there.
By this time, NOPD officers arrived at the scene and accompanied the guardsmen into the home, according to police.
Inside, the man allegedly pointed a rifle at the group. A National Guard Sergeant, not the one previously cut by the thrown glass, then fired on the man, police said.
The man sustained several gunshots to the upper torso and was pronounced dead at the scene, police said.
The gun pointed at the officers was a BB gun, police said.
“New Orleans Police Homicide Detectives are investigating the incident,” the NOPD stated in a news release. “It appears the guardsman’s actions were appropriate and lawful.”
The man’s identity was unknown as of Thursday morning.
Prof. Bill Quigley
At orientation on Monday night, we heard from Prof. Bill Quigley of Loyola Law School. He is a New Orleans resident who told of his first-hand account of the Hurricane and its aftermath. He has the local reputation as being the most involved legal activist in the wake of Katrina and is serving as co-counsel in several ongoing lawsuits. His impressive PowerPoint presentation that he shows at all SHN orientations can be viewed online by cliking HERE.
LaFitte Housing Project
Despite being relatively undamaged by Hurricane Katrina, the LaFitte Housing Project remains closed and former residents arestill not allowed to return to their homes here.
LaFitte is one of four major public housing developments slated for demolition in the wake of Katrina, as part of HUD's plan to reduce public housing from 5,100 to 2,000 units. This plan has been challenged via a class action suit, the complaint for which can be viewed HERE.
Other public housing developments slated for demolition include: St. Bernard, Calliope and Magnolia.
LaFitte is one of four major public housing developments slated for demolition in the wake of Katrina, as part of HUD's plan to reduce public housing from 5,100 to 2,000 units. This plan has been challenged via a class action suit, the complaint for which can be viewed HERE.
Other public housing developments slated for demolition include: St. Bernard, Calliope and Magnolia.
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