ALLEN J. ( A.J. ) KROUSE, III Energy Centre (w) Poydras Street (c)

Transcription

1 ALLEN J. ( A.J. ) KROUSE, III 3700 Energy Centre (w) Poydras Street (c) New Orleans, Louisiana akrouse@frilot.com LEGAL EXPERIENCE: Over 28 years as a litigation partner including extensive jury trial experience, advising clients in the course of defending, prosecuting, and settling litigation, including pre-litigation risk analysis, conducting or directing internal investigations; negotiating with governmental agencies in connection with administrative proceedings and investigations; conducting alternative dispute resolution (ADR) proceedings; managing electronic discovery (ESI) and database management. Awarded the AV Preeminent Rating from Martindale-Hubbell are those that have been recognized by their peers to be the best in both legal ability and ethical practice. Named to the 2007, 2008, 2010 and 2013 Louisiana Super Lawyers List by Louisiana Life Magazine. Featured in Forbes magazine on May 19, A.J. Krouse has been named to the 2012 and 2013 edition of Best Lawyers, the oldest and most respected peer-review publication in the legal profession. For nearly three decades, Best Lawyers has been regarded both by the profession and the public as the definitive guide to legal excellence in the United States. Mr. Krouse was recently inducted into the American College of Civil Trial Mediators as a fellow. The American College of Civil Trial Mediators is a non-profit organization of professionals distinguished by their experience, skill, ethical standards, and professional commitment to mediation, conflict management, and Alternative Dispute Resolution. The members are dedicated to improving ethical and professional standards of mediation practice, fostering the growth of alternative dispute resolution systems, conducting advanced ADR educational programs and research, authoring publications, lecturing, and recognizing individuals, organizations, and institutions making significant contributions to ADR. Mr. Krouse has been selected for inclusion in Corporate Counsel s 2012 Top Rated Lawyers Guide to Alternative Dispute Resolution. Corporate Counsel is the business magazine for chief legal officers and inhouse counsel at corporations throughout the nation. Read by more in-house counsel than any other industry publication, Corporate Counsel is the most renowned source for information and analysis on the legal affairs, business issues and government mandates impacting corporate America. Mr. Krouse has been selected for the 2011 CityBusiness "Leadership in Law" Award, recognizing the Top 50 Lawyers in New Orleans. Krouse was selected among a record number of nominees for his success in law, contributions to the community and setting the pace for the legal community in the New Orleans area. Mr. Krouse has been selected as a member of the International Association of Defense Counsel (IADC). The IADC membership includes approximately 2,500 of the world s leading corporate and insurance lawyers. Membership is by invitation only, and nominees undergo a peer review process before being accepted. Members include partners in large and small law firms, senior counsel in corporate law departments, and corporate and insurance executives. Members represent the largest corporations in America and abroad, including many Fortune 500 companies. Mr. Krouse has been selected as a member of the prestigious Council on Litigation Management (CLM). The Council is a nonpartisan alliance comprised of thousands of insurance companies, corporations, corporate counsel, litigation and risk managers, claims professionals and attorneys. Selected attorneys and law firms are extended membership by invitation only based on nominations from CLM Fellows. Mr. Krouse was recently inducted into the College of Commercial Arbitrators (CCA) as a fellow. He has also been inducted as a fellow of the Chartered Institute of Arbitrators (CIArb) and given the designatory letters FCIArb. Fellowship grade is designated for individuals who can demonstrate an advanced, comprehensive knowledge and understanding of the principles, law and practices involved in a selected area of dispute resolution. It is the benchmark that professional dispute resolvers aim to achieve.

2 Mr. Krouse is a certified mediator with the International Mediation Institute (IMI). He is a fellow in the Academy of Court Appointed Masters (ACAM). Mr. Krouse is a member of the CPR Panel of Distinguished Neutrals, including CPR s Franchise, E- Discovery and Insurance Policyholder Coverage Panels. Mr. Krouse is a member of the American Arbitration Association's National Roster of Neutrals serving on its Class Action, Large, Complex Case (LCC), construction, commercial, employment and energy panels and its panel of Mediators. He is also a Member of the FINRA Dispute Resolution Board of Arbitrators and Mediators and serves on the roster of the American Health Lawyers Association; Chartered Institute of Arbitrators and London Court of International Arbitration Panels. Mr. Krouse has served as an arbitrator in over 140 arbitrations including large complex cases involving national and international parties and complicated multi party disputes. He has experience and training in both domestic and international arbitration laws and procedures, including AAA, ICDR, UNCITRAL, ICSID, ICC and LCIA rules and procedures. Mr. Krouse provides neutral and dispute resolution services including serving as an arbitrator and mediator in domestic and international commercial, health care and life sciences, energy, securities and employment, franchise and construction disputes. He also provides special master, early neutral evaluation, mini-trial, fact finding, assisted negotiation and settlement counsel services. FRILOT L.L.C., New Orleans, Louisiana Litigation Partner Present Extensive trial experience in complex high profile civil and environmental litigation, including catastrophic matters in state and federal class actions and Multi-District Litigation (MDL) that include offshore platform and rig explosions, refinery explosions, tank car chemical releases, crude oil spill/remediation, scaffolding collapse, toxic tort, environmental contamination (NORM), asbestosis exposure injuries (mesothelioma), property damage, fraud, breach of contract and punitive damages. Civil practice includes general liability (GL), maritime and commercial cases, premises liability, property damage and business interruption, including related contractual indemnity with emphasis on primary and excess insurance coverage issues. Products liability experience includes representation of several major manufacturers involving products such as drywall, ladders, scaffolding, saws, pumps, motors, valves, ink, medical devices and pharmaceuticals. Employment litigation practice includes representing employers in discrimination claims for age, gender, disability, race, religion, and sexual harassment, and handling EEOC charges and other administrative complaints through the administrative and judicial process in state and federal courts. Represents the State of Louisiana in race discrimination and Fair Housing Act (FHA) litigation involving constitutional challenges to The Louisiana Road Home Program. Advises clients on human resources issues and developing employment-related agreements, and employee policies and procedures. Mr. Krouse is the practice area coordinator for Frilot s e-discovery Practice Group which offers clients innovative and pragmatic advice on managing electronically stored information (ESI) in class actions and other complex litigation. Mr. Krouse assists clients in drafting corporate ESI document preservation and retention policies and litigation hold orders. The primary objective is to manage e-discovery effectively, efficiently and with minimum disruption to the client s business function. Mr. Krouse s extensive experience and training in complex document intensive litigation coupled with his technical knowledge of modern IT functions, forensic issues and litigation support systems, offers clients manageable and cost effective solutions to their most vexing e-discovery issues. He has worked closely with firm clients in developing best practices and cost saving measures for implementing an electronic document review. This would include drafting requests for proposals (RFP) to ESI vendors and forensic computer experts to 2

3 manage the ESI collection process in specific cases. Frilot LLC has been selected as Arbitration Law Firm of the Year in Louisiana by the 2012 Corporate INTL Magazine Global Awards. The 2012 awards commemorate the world s leading advisers who have shown excellence over the past twelve months not only in expertise but in service. The Corporate INTL determines the leading legal teams across a number of practice areas through public nominations over one million nomination forms are sent to business leaders, investors and advisers throughout the world and detailed research focusing on expertise, service range, business type, and geographical location. Next, a shortlist of nominated firms are reviewed by an independent awards panel consisting of business leaders, experts in the relevant field of law, and the editor of Corporate INTL magazine. LEMLE & KELLEHER, New Orleans, Louisiana, Litigation Partner Extensive trial experience with a wide variety of litigation matters in both state and federal courts litigating cases under state, federal, and general maritime law. Special emphasis on representation of energy clients in offshore drilling, exploration and production cases in jury and non-jury trials. U.S. DISTRICT COURT, EASTERN DISTRICT OF LOUISIANA, New Orleans, Louisiana Federal Judicial Extern Federal Judicial Clerk U. S. District Judge (now Senior District Judge) A. J. McNamara Review pleadings and motions; draft jury charges, bench briefs, opinions and court orders. PHELPS DUNBAR, New Orleans, Louisiana, Summer Associate 1982 Draft legal memoranda, motions for summary judgment, motions in limine and jury charges. BAR MEMBERSHIPS: COURT DATE OF ADMISSION Supreme Court of Louisiana October 5, 1984 U. S. District Court Eastern District of Louisiana September 11, 1985 U. S. District Court Middle District of Louisiana October 30, 1987 U. S. District Court Western District of Louisiana October 30, 1987 U. S. Court of Appeals Fifth Circuit January 6, 1986 U. S. Supreme Court May 29, 1989 U.S. Court of Appeals August 31, 2010 District of Columbia MILITARY: Commissioned as a Second Lieutenant, Regular Army, U. S. Military Police Corps (May 1977) Graduate, United States Army Military Police School Officers Base Course, Ft. McClellan, 3

4 Alabama (August 1977) Graduate, United States Army Transportability School, Ft. Eustis, Virginia (October 1978) Platoon Leader and Executive Officer, 293 rd Military Police Company, Fort George G. Meade, Maryland (August April 1979) Adjutant, 519 th Military Police Battalion (STRAF), Fort George G. Meade, Maryland (April September 1981) Awarded the Army Commendation Medal; Humanitarian Service Medal for meritorious achievement; Army Commendation Medal (First Oak Leak Cluster) for meritorious service (1981) Honorable discharge - Captain U.S. Army (September 1981) ALTERNATIVE DISPUTE RESOLUTION EXPERIENCE: Member ADR Systems of America LLC Chicago, Illinois Member International Association of Defense Counsel (IADC) Chicago, Illinois Member Association of International Arbitrators (AIA) Brussels, Belgium Arbitrator - Hong Kong International Arbitration Centre (HKIAC) - Hong Kong S.A.R., China Neutral - London Court of International Arbitration (LCIA) - London, England Fellow - Academy of Court-Appointed Masters (ACAM) Rockville, MD Fellow, College of Commercial Arbitrators (CCA) - Austin, Texas Arbitrator - International Centre for Dispute Resolution, ICDR Panel of Neutrals - New York, NY Arbitrator - CPR Panel of Distinguished Neutrals, New York, NY o E-Discovery Panel o Insurance-Policyholder Coverage Panel o Franchise Southern Panel o Environmental CPR Panel o Employment Disputes Panel-South o New Orleans ADR Panel Arbitrator - American Health Lawyers Association Alternative Dispute Resolution (ADR) Service - Washington, D.C. Fellow - Chartered Institute of Arbitrators, International Arbitration & Mediation Center - London, England (FCIArb Designation No ) Member - Panel of Neutrals, American Arbitration Association (AAA) Class Action, Large, Complex Case (LCC), Commercial, Energy and Employment Panels - New York, NY Arbitrator - World Intellectual Property Organization (WIPO) Arbitration and Mediation Center - Geneva, Switzerland Member - Panel of Arbitrators and Mediators, National Arbitration and Medication (NAM) - New York Arbitrator/Mediator - FINRA Dispute Resolution (Arbitration and Mediation Panels) - New York, NY Arbitrator/Mediator - Perry Dampf Dispute Solutions - Baton Rouge, LA Certified Mediator - International Mediation Institute (IMI) - the Netherlands Panelist for Louisiana First Circuit Court of Appeal Mediation Program - Baton Rouge, LA Panelist for Civil District Court, Parish of Orleans Pilot Mediation Program - New Orleans, LA Certified as a civil mediator pursuant to La. R. S. 9:4106 and listed on the 2012 Louisiana Mediator Registry Served as an arbitrator and mediator in numerous matters involving securities, commercial, employment, healthcare and personal injury actions. Arbitrator - American Arbitration Association (AAA) Automobile Industry Special Binding Arbitration Program (2010) The Consolidated Appropriations Act of 2010 (Public Law ), signed into law by President Obama, includes a provision under which owners of automobile dealerships can use a binding arbitration process administered by the American Arbitration Association to seek reinstatement if 4

5 their businesses were closed by automobile manufacturers during the implementation of the Emergency Economic Stabilization Act of Mediator - American Arbitration Association (AAA) Disaster Recovery Claims Resolution Services ( ) In response to Hurricanes Katrina and Rita, the AAA established a Disaster Recovery Claims Resolution Services program which will use mediation to resolve insurance claim disputes between homeowners and businesses and their insurance carriers in the affected areas. The program handled all homeowner claims and business claims over $75,000. ALTERNATIVE DISPUTE RESOLUTION TRAINING: Association for Conflict Resolution 12th Annual Conference, Creating Connections: Conflict Resolution In Deeply Divided Times, 2012 College of Commercial Arbitrators (CCA) Annual Meeting, 2011 Faculty, AAA Maximizing Efficiency & Economy in Arbitration Challenges at the Preliminary Hearing, 2011 Council on Litigation Management, Advancing Ethics, Cooperation & Education, New Orleans, LA, March 2011 AAA faculty, Advanced Mediator Training, New Orleans, LA, 2010 The Sedona Conference Training Program on e-discovery Dispute Resolution for Special Masters & Mediators, Phoenix, AZ, January 2010 Kroll Ontrack e-discovery Certification Course, New York, NY, February 2010 ACR/ACMI: The Use of Neuroscience and Neuro-Linguistics in Resolving Disputes, Atlanta GA, October 2009 The Chartered Institute of Arbitrators International Commercial Arbitration Training Program (Fellowship), New Orleans, October, 2009 ACR/ACMI: Innovation in Commercial Mediation, Austin, TX 2008 American Health Lawyers Association - Arbitrator Training - Chicago, Ill., June 2007 ICDR International Symposia in Advanced Case Management Issues, Washington, D.C., November 2006 Association of Attorney-Mediators Advanced Attorney-Mediator Training, Houston, TX, November 2006 ICC International Commercial Dispute Resolution Understanding the ICC System Charleston, SC, March 2006 ICDR International Symposium, New York, NY 2006 Association of Attorney Mediators, Advanced Mediator Training, New Orleans, 2006 Louisiana State Bar Association Training - Getting Results in Mediation: Understanding Roles and Responsibilities, New Orleans, Louisiana, April 2005 Association of Attorney-Mediators Annual Meeting and Advanced Attorney-Mediator Training, New Orleans, Louisiana, April 2005 AAA Training - Dealing with Delay Tactics, New Orleans, Louisiana, March 2005 National Arbitrator Forum Conference, Houston, Texas, November 2004 NASD Arbitrator Training and Chairperson s Course, Boca Raton, Florida, September 2004 AAA Arbitrator Ethics & Disclosure, Louisiana, March 2004 AAA Neutrals Conference, Scottsdale, Arizona, January 2003 AAA Arbitrator II Advanced Case Management Issues, Miami, Florida, January 2002 AAA Mediator Conference, New Orleans, Louisiana, March 2001 AAA Employment Arbitrator Training, New York, New York, December 1999 AAA Commercial Arbitrator Training, New Orleans, Louisiana, February 1999 Faculty, AAA Mediator Training, New Orleans, Louisiana, March 1994 AAA Mediator Training, Louisiana, March 1993 Various other ADR trainings 5

6 EDUCATION: LOYOLA UNIVERSITY SCHOOL OF LAW, New Orleans, Louisiana J.D (Top 15%) Honors and Activities: Moot Court Board National Moot Court Team Administrator Teaching Assistant Legal Research and Writing Awards for highest grades in Constitutional Law and Federal Courts LOYOLA UNIVERSITY, New Orleans, Louisiana B.A. (Magna Cum Laude) 1977 Recipient, Four-year Army ROTC Scholarship, 1973 Member, Alpha Sigma Nu, National Jesuit Honor Society 1977 Distinguished Military Graduate, 1977 President, Phi Kappa Theta Fraternity, PROFESSIONAL ORGANIZATIONS: American Bar Association Litigation Committee American Bar Association Alternative Dispute Resolution Louisiana State Bar Association Federal Bar Association New Orleans Bar Association Maritime Law Association Proctor Defense Research Institute Thomas More Inn of Court Executive Committee LSBA Assistant Bar Examiner Constitutional Law International Legal Technology Association (ILTA) LSBA CLE Committee American Arbitration Association Class Action Panel Council on Litigation Management (CLM) ADR Systems of America PUBLICATIONS: Co-author, A Complaint Based on Rumors: Countering Frivolous Litigation, LOYOLA LAW REVIEW, vol. XXI, no. 2, p. 221, Spring 1985 Co-author, Satellite Imagery - The Space Odyssey Arrives in the Courtroom, For The Defense. The Defense Research Institute, Inc., June 2000 PRESENTATIONS: Satellite Imagery: The Space Odyssey Arrives in the Courtroom presented to Thomas More Inn of Court, March 2000 Satellite Imagery: The Space Odyssey Arrives in the Courtroom presented to American Bar Association - Litigation Committee, New York, NY, July 2000 Satellite Imagery: The Space Odyssey Arrives in the Courtroom, First International Conference on State of Remote Sensing Law, April 2002, National Remote Sensing and Space Law Center at the University of Mississippi School of Law 6

7 Handling a Chlorine Leak of a Tank Car in an Urban Area (And The 26 Class Action Lawsuits That Followed!) - Chlorine Institute, Speaker, St. Louis, Missouri, November 2005 Discovery and Litigation Tactics presented to Thomson West Westlaw National Sales Meeting, Scottsdale, Arizona, February 2, 2007 U.S. - Japan Geo-Environmental Engineering Workshop, Speaker, New Orleans, LA, March 7-9, 2008 Hurricane Katrina and The 2005 Murphy Oil Spill, Speaker, Natural Gas Claims & Litigation Association, Annual Meeting, New Orleans, LA, April 2008 Proving Your Case with Computer Forensics, National Business Institute, Baton Rouge, LA, May 2008 Managing Electronic Discovery, Speaker, Louisiana State Bar Association (CLE Orlando, FL 2009) Managing Electronic Discovery, Speaker, Natural Gas Claims & Litigation Association, Annual Meeting, Palm Desert, CAL. April 2009 Uncovering the Mystery of Computer Forensics for Paralegals, Instructor, National Business Institute, Feb., 2009 Managing Electronic Discovery Speaker, Louisiana Department of Justice April, 2010 Advanced Mediator Training Speaker, American Arbitration Association May, 2010 LSBA Annual Update on E-Discovery Co-Chair and Speaker (Recent Case Law Update) September, 2010 Litigation Holds: Recent Case Law Review Speaker, New Orleans Paralegal Association September, 2010 Dispute Resolution with the Masters: Lessons from Two Super Lawyers The LSBA and its Alternative Dispute Resolution Section, Speaker - October, nd Annual Summer School Revisited Speaker, Louisiana State Bar Association, December, 2010 Digital Workflow for Lawyers Speaker, E-Discovery December 29, th LJC/NBA Louisiana Judicial College, March 2011 Managing Electronic Discovery Jefferson Parish Attorney s Office - May, 2011 Digital Forensics Digital Forensics Research WorkShop (DFRWS) August, 2011 Maximizing Efficiency & Economy in Arbitration: Challenges at the Preliminary Hearing Faculty, American Arbitration Association University September, 2011 New Orleans, LA REPRESENTATIVE CASES Janella Sue Martin v. Texaco, Frilot LLC was selected by General Counsel of Texaco, Inc. to be the lead trial attorney on behalf of Texaco in a sex discrimination case in state district court in Los Angeles, California where plaintiff, Janella Sue Martin, had previously prevailed in a jury trial handled by California counsel (Paul Hastings) in which the jury awarded the largest award in a sex discrimination lawsuit - $17,600,000 in In a three week retrial of the case in 1995, after the close of all evidence, the plaintiff settled for an amount less than $200,000 (Actual amount is confidential). Ford v. Murphy Oil USA, Inc., et al., 703 So.2d 542 (La. 1997) Successfully defeated class claims brought against petroleum refineries. In doing so, persuaded the Louisiana Supreme Court to adopt federal class action precepts for Louisiana state class actions. In re: Harvey Term, Case No (La. 2001) Trial court denied class certification for approximately 500 plaintiffs who were allegedly exposed to NORM released into the environment due to pipe cleaning operations. Riley, et al. v. Norfolk Southern, et al, Case No (C.D.C. La. 2002) Trial of a class action certification arising out of a chlorine tank car release at a rail yard situated in the Lower Ninth Ward in New Orleans resulting in an evacuation of the adjacent neighborhood and resulting personal injury claims filed by over 3,000 claimants. Following a bench trial on the issue of certification only, class certification was denied. The court held that the class lacked numerousity and thus, superiority because the release was smaller than that claimed by plaintiff s counsel. 7

8 Burnett v. Washington, Civil District Court New Orleans, LA, 842 So.2d 510 (La. App. 4th Cir. 2003) Plaintiff s case involving a Texaco executive/engineer pedestrian walking on Poydras on his way back to work, who was killed by nearby car accident. Asked by Texaco management to represent the deceased Texaco engineer s estate. Verdict for plaintiff for $2.28 Million. In re: Katrina Canal Breaches Litigation, Case No (E.D. La. 2005) Mass tort litigation in which firm represents individuals and entities for damages due to the failure of the New Orleans levee system during Hurricane Katrina. Andry v. Murphy Oil USA, Inc., 985 So.2nd 239 (La. App. 4 th Cir. 2006) writ denied, 943 So.2d 1093 (La. 2006) After settling class action lawsuit, Murphy Oil brought an action against Entergy Louisiana, Inc. and Walworth Company. The Fourth Circuit affirmed the district court s finding that the power company was 40% at fault; valve manufacture was 40% at fault and Murphy 20% at fault. Turner v. Murphy Oil U.S.A. Inc., 234 F.R.D. 597 (E.D.La 2006) Shortly after Hurricane Katrina devastated southeast Louisiana on August 29, 2005, an oil tank on Murphy Oil USA, Inc. s ( Murphy ) refinery property released approximately 25,000 barrels of oil. Twenty-eight class action suits were filed against Murphy shortly after the spill. After these class actions were consolidated, the attorneys representing the plaintiff class billed the case as the largest environmental case since the Exxon Valdez spill (a case with a total exposure of over $6 billion). Less than 2 years from the spill, all settlement benefits have been implemented and Murphy has been released from the liabilities associated with the oil spill. (Pre BP oil spill in the Gulf) New Orleans Property Tax Appeals On October 18, 2007, The New Orleans City Council upheld Frilot s recommendation for more than 5,300 property tax appeals. Attorneys for Frilot recommended adjusting 65 percent of 5,300 appeals or 3,478 properties. Property owners made their appeals at the Louisiana Superdome from Sept. 17 through October 15, Ancar v. Murphy Oil, Inc. et al., 2008 WL (E.D. La. 2008) Denial of class certification based upon varying degrees of possible injuries to approximately 6,600 plaintiffs as a result of a fire at the Murphy refinery in FEMA Trailer Formaldehyde Products Liability Litigation (MDL #1873), (E.D. LA. 2007) (Mass tort MDL in which plaintiffs claim that trailers supplied by FEMA following Hurricanes Katrina and Rita emitted dangerous levels of formaldehyde. Frilot is defending one of the largest Individual Assistance/Technical Assistance Contractors. Adelman Chester v. Kent, 21 So. 3d 385 WL , (La. App. 4 th Cir. 6/05/09), writ denied, (La. 2009). Appointed as Special Assistant Attorney General by the State of Louisiana. The Fourth Circuit Court of Appeal affirmed the district court s grant of Motion for Summary Judgment. The Court held that the School of Dentistry and Professor did not owe any duty of care to dental implant patients and were not manufacturers under the Louisiana Products Liability Act. Dandridge v. Office of Community Development, 2009 WL , (La. App. 1 st Cir. 2009) Court of Appeal granted Writ and held that the plaintiffs have no right or cause of action for judicial review under La. R.S. 49:964; Writ denied by Louisiana Supreme Court. Robinson v. The Road Home Corporation, et al., C.A. No (E.D. La. Jan. 12, 2010). Subject matter dismissal granted to the Louisiana agencies on the basis of Eleventh Amendment immunity. Greater New Orleans Fair Housing Action Center, et al. v. United States Department of Housing and Urban Development and Robin Keegan, Executive Director of the Louisiana Recovery Authority, C.A. No , F. Supp. 2d, 2010 WL (D.D.C. July 6, 2010) Federal court in Washington D.C. denied plaintiff s Motion for Temporary Restraining Order and a preliminary injunction to require the State of Louisiana to recalculate Road Home awards to homeowners using a formula which allegedly had a disparate impact on African Americans in New Orleans. The Court held that the relief requested was barred by the Eleventh Amendment of the U.S. Constitution. Guth v. State of Louisiana, et al., C.A. No CA-2149 (La. App. 1 st Cir. July 9, 2010) Court affirmed the district court s judgment that sustained defendant s Exception of No Cause of Action dismissing her petition for judicial review under the Louisiana Administrative Procedures Act 8

9 (APA). Greater New Orleans Fair Housing Action Center, et al. v. United States Department of Housing and Urban Development and Robin Keegan, Executive Director of the Louisiana Recovery Authority, C.A. No , 2011 WL (D.C. Circuit April 8, 2011) A federal appeals court in Washington, D.C., ruled against fair-housing advocates and five African American homeowners who alleged the Road Home program was discriminatory. The state of Louisiana, one of the defendants in the case, says the ruling will allow it to pay about 120 homeowners whose Road Home grants were put on hold by a previous court ruling. In this race discrimination class action filed in federal court in Washington D.C. on behalf of 20,000 African-American residents of Orleans Parish, the Greater New Orleans Fair Housing Action Center, the National Fair Housing Alliance, and five individuals who own homes in New Orleans (collectively "plaintiffs") alleged that the formula used to distribute grants as part of the Road Home Homeowner Assistance Program, a housing redevelopment initiative designed to help homeowners affected by Hurricanes Katrina and Rita, had a racially discriminatory effect. Plaintiffs argued that the same houses in a historically white neighborhood and historically black neighborhood would have cost about the same to restore, but they would have gotten wildly different grants because market values in black neighborhoods had been so depressed. A federal district court judge indicated that the formula was likely discriminatory, and he banned the state from spending pending funds while the case was adjudicated. The State appealed in September. The recent ruling reversed the district court; lifted the hold, and the federal appeals court remanded the case to the district court. The case was later settled. 9