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(Updates will be posted as new developments occur)

 

(For latest answers to questions, please go to "Frequently Asked Questions.")

Posted March 9, 2010:

On March 5, 2010, the Louisiana Supreme Court denied the Writ Applications filed by the State Defendants and the Orleans Parish School Board. This means that the case will proceed as a class action, and that 8,600 individual lawsuits don't need to be filed.

Even while we were awaiting this ruling, the trial court Judge gave us permission to continue moving the case forward. Over the past months we have been busy taking depositions, analyzing documents that we subpoenaed and received from the State Defendants and the Orleans Parish School Board, and responding to subpoenas for information sent by the State Defendants. This process will continue.

Within the next month, we will ask the Court to schedule a Status Conference. At that time, the Judge will provide us with dates for hearings on pre-trial Motions and ultimately a date for trial.

Posted March 5, 2010:

We have great news to report: on Friday, March 5, 2010, the Louisiana Supreme Court denied the Writ Application filed by the State Defendants. Please check this website for additional information to be posted during the week of March 8, 2010.

Posted November 12, 2009:

We have great news to report. On November 12, 2009, the Louisiana Fourth Circuit Court of Appeal ruled that the case may proceed as a class action. The ruling was by a unanimous 3-0 vote.

This is a huge victory for all tenured OPSB employees who were terminated following Katrina.

This ruling means that 8500 former New Orleans public school employees who were wrongfully terminated  by the actions of the local school board and State of Louisiana, will be able to proceed with their claims together (in one lawsuit) instead of having to file thousands of individual lawsuits.   

For more information, please see "Press Releases."

OPSB and the State Defendants have the right to appeal. We will continue to keep you posted.

Posted October 19, 2009:

On Wednesday, September 30, 2009, oral argument was held in the Fourth Circuit Court of Appeal. Attorneys for the State Defendants and the Orleans Parish School Board presented oral argument in support of their appeal of Judge Simms-Julien’s ruling that the case shall proceed as a class action. We presented oral argument in support of our position that Judge Simms-Julien’s ruling was correct.  We now await a ruling from the Court of Appeal. It is possible that a ruling will be issued within the next 120 days. We will post the ruling on this website when it is issued.

Posted June 15, 2009:

Our lawsuit relates to the wrongful termination of 8,600 employees after Hurricane Katrina. It has nothing to do with two other class action lawsuits that have been filed against OPSB.  

In late June of 2009, certain OPSB employees received a letter and a claims form concerning the sabbatical/sick leave class action lawsuit filed by UTNO in 2003. There were deadlines and there will be a court hearing in the sabbatical case that have nothing to do with our wrongful termination class action.

Additionally, some OPSB employees have received a letter from attorney Jack Harang. His class action lawsuit involves claims relating to unpaid overtime for certain school board employees during the time period 2001-2004, which was prior to Katrina. His lawsuit has nothing to do with ours.

Also posted June 15, 2009:

On June 5, 2009, the Louisiana Supreme Court denied the Writ Application filed by the State Defendants. Consequently, we will be able to continue certain activities (such as document subpoenas and certain discovery) while the appeals filed by OPSB and the State Defendants are pending in the Fourth Circuit Court of Appeal.  

FOR THE ONLY ACCURATE INFORMATION ABOUT THE LAWSUIT PERTAINING TO THE WRONGFUL TERMINATION/KATRINA LAWSUIT, PLEASE REGULARLY CHECK WITH THIS WEBSITE.

 

Posted March 25, 2009:

On March 20, 2009, the Fourth Circuit Court of Appeal denied the Application for Supervisory Writs filed by the State Defendants (the State of Louisiana, State Board of Elementary and Secondary Education, State Department of Education and the Recovery School District). The State defendants filed the writs for the purpose of asking the Fourth Circuit Court of Appeal to review both the Order denying a stay of proceedings pending their appeal of the Class Certification Order, and the Order granting a Case Management Order. (For an explanation, please go to "Frequently Asked Questions.")

Posted FEBRUARY 20, 2009

On February 17, 2009, The State Defendants (the State of Louisiana, State Board of Elementary and Secondary Education, State Department of Education and the Recovery School District) filed an Application for Supervisory Writs, asking the Fourth Circuit Court of Appeal to review both the Order denying a stay of proceedings pending their appeal of the Class Certification Order, and the Order granting a Case Management Order.

On February 10, 2009, Judge Simms-Julien issued a Judgment ruling that the plaintiffs are entitled to continue certain activities (such as document subpoenas and certain discovery) while the appeals filed by the State Defendants are pending.

Posted January 9, 2009:

OPSB and each of the defendants (the Orleans Parish School Board, State of Louisiana, State Board of Elementary and Secondary Education, State Department of Education and the Recovery School District appealed the Judge's December 10, 2008 ruling granting class action status to the lawsuit.

Posted December, 2008:

 

    We have great news to report: on December 10, 2008, Judge Ethel Simms-Julien granted our Motion to Certify this case as a “Class Action.” This ruling is the result of the 3-day hearing held May 12-14, 2008.

 

What does this Judgment mean?

 

     It means that everyone who meets the definition as a member of the class will be allowed to proceed in one lawsuit. In this case, it means that over 8,500 employees will not be required to file over 8,500 separate lawsuits.

 

     Judge Simms-Julien gave many reasons why the case should proceed as a class action. One of the reasons cited by the Judge was that it would be impractical or unlikely for the Class members to be able to pursue their claims by filing individual lawsuits. The class action procedure allows the court to consider all of the claims in one lawsuit, because the issues of fact (everyone was terminated or scheduled to be terminated effective March 24, 2006) and the issues of law were common to everyone.

 

 How do I know if I am a potential member of the class?

 

     The Judge approved the definition of the class, and defined the following sub-classes. Here is an excerpt from the Judgment:

 

     “The Court, having considered the pleadings, affidavits, depositions, briefs, exhibits, evidence, and applicable law, and for the Reasons separately assigned this same date, finds that the elements provided for by Articles 591(B)(1) and (B)(3) of the Louisiana Code of Civil Procedure have been satisfied by the plaintiffs.

       IT IS HEREBY ORDERED, ADJUDGED AND DECREED that there be Judgment in favor of the Plaintiffs granting the Plaintiffs’ Motion to Certify this action for management and trial as a class action.

      IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be Judgment certifying a Class defined as follows:

     “All current or former employees of the Orleans Parish School Board prior to Hurricane Katrina [August 29, 2005], who were terminated and/or forced to retire under the threat of termination from employment by the Orleans Parish School Board, and claim to have sustained economic injury and/or mental anguish and emotional distress as a result of termination and/or being forced to retire under the threat of termination from employment.

      IT IS FURTHER ORDERED, ADJUDGED AND DECREED that the following subclasses of class members are offered:

      Sub-Class 1: Tenured, Certified Teachers

      Former employees of the OPSB who, prior to August 29, 2005 [Hurricane Katrina], held valid teachers’ certificates issued by the State of Louisiana.  They were employed by the Defendant OPSB as certified, tenured, state-approved public school teachers of regular or permanent status.

     Sub-Class 2: Tenured, Certified Teachers Promoted to Positions of Higher Salary

     Former employees of the OPSB who, prior to August 29, 2005 [Hurricane Katrina], held valid teachers’ certificates issued by the State of Louisiana.  They were employed by the Defendant OPSB as certified, tenured, state-approved public school teachers of regular or permanent status. Additionally, they had been promoted by the Defendant OPSB from a position of lower salary to a position of higher salary [management employees within the New Orleans Public School System], and had acquired the protection of a statutory contract for a period of at least two (2) years. 

     Sub-Class 3:       Employees with “permanent status” other than classroom teachers

     Former employees of the OPSB who, prior to August 29, 2005 [Hurricane Katrina], were designated as “permanent employees” of the OPSB other than classroom teachers and school site administrators. They had acquired regular or permanent employment status with the OPSB. 

      Sub-Class 4: Employees forced to retire under duress

     Former employees of the OPSB who, prior to August 29, 2005 [Hurricane Katrina], were tenured employees of the OPSB and met the definition of Sub-Classes 1 through 3 above.  These class members claim that they were forced into retirement as a result of the actions or omissions of the defendants.” 

Did the Judge make any other rulings?

     Yes:

     IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be Judgment appointing the following class members to serve as Class Representatives: Antoinette Aubry-Guillory, Karen Marks, Gwendolyn Ridgely, Lois Lockhart, Linda Pichon, Barbara Moore, and Cynthia Jordan.

     IT IS FURTHER ORDERED, ADJUDGED AND DECREED that there be Judgment appointing the following attorneys to serve as Class Counsel: Willie M. Zanders, Sr. (Lead Counsel); 2) Suzette Bagneris (Liaison Counsel); 3) Clarence Roby; 4) Anthony Irpino; 5) Roderick Alvendia; 6) Juana Marine Lombard; 7) Charles M. “Larry” Samuel; and 8) Walter I. Willard.

• On May 12-14, 2008, the Court held a hearing to consider our Motion for Class Certification. The Court will establish a briefing schedule to set deadlines for the attorneys to submit legal memoranda. After briefs are filed, the Court will issue its ruling.

• On September 21, 2007, Civil District Court Judge Ethel Simms-Julien denied a request made by the State Defendants to have the case thrown out after the State Defendants claimed that the plaintiffs failed to state a “cause of action.” The Judge ruled that the plaintiffs met the appropriate legal standard to state a cause of action regarding various claims made in the lawsuit.  The State Defendants appealed Judge’s Simms-Julien’s ruling, and on November 27, 2007, a 3-Judge panel of the Fourth Circuit Court of Appeal upheld the Judge’s ruling. The State Defendants filed a Writ Application, asking the Louisiana Supreme Court of Louisiana to review the ruling, but on February 15, 2008, the Supreme Court of Louisiana denied the Writ Application made by the State Defendants. This constitutes the final ruling on the efforts of the State Defendants to have the case thrown out.

 …and…throughout this process…we have been actively conducting “discovery,” which is our right to subpoena documents and records maintained by the Orleans Parish School Board and the State Defendants, and we have taken depositions of numerous officials of the Orleans Parish School Board and the State Defendants.