NEW ORLEANS PUBLIC SCHOOL EMPLOYEES JUSTICE

Current Status & Developments
(Updates will be posted as new developments occur)

UPDATE POSTED JANUARY 25, 2012

The Court has completed the written transcript of the testimony of all persons who testified at trial.

The Judge has given the attorneys a deadline – February 17, 2012 – to file the final post-trial positions.

Following that, the Judge will issue her ruling. There is no timetable.

We urge everyone to regularly check this website for updates and information. And…as we have been saying all along…if you hear any rumors, PLEASE verify the information on the website. If it isn’t on the website, it probably isn’t accurate.

UPDATE POSTED JANUARY 6, 2012

There has been some confusion surrounding the issue of OPSB’s insurance coverage for its Katrina losses. We hope this website post clears some of that confusion.

First, we want to make it clear that there is no insurance money that is about to be distributed to class members.

The OPSB has been and is still seeking approximately $200 million dollars from its insurers for various damages which it sustained relative to Hurricane Katrina. To date, the OPSB has received approximately $25 million from its insurers for Katrina damages (and the OPSB and the State of Louisiana are trying to divide these proceeds between them). We are attempting to make claims for this money so that it can go to our class members. However, there is no court ruling as of now, and at this time there are no proceeds for class members. We will continue in our efforts.

It is important to understand that the OPSB’s insurers strongly dispute that the OPSB has coverage for, or is entitled to, any of the remaining $200 million. In essence, the OPSB’s insurers claim that they owe NOTHING to the OPSB. Thus, THERE IS CURRENTLY NO MONEY GOING TO THE OPSB OTHER THAN SOME PORTION OF THE $25 MILLION. Moreover, there is a strong likelihood that the OPSB’s insurers will continue to maintain this position unless and until a Court or a Jury determines otherwise. The trial relative to the OPSB’s Katrina insurance claims will not occur until the fall of 2012, at the earliest time.

As previously posted, we have brought a “Petition for Intervention” in the OPSB’s lawsuit against its insurance companies. We did this in order to make claims for actual and potential insurance proceeds which the OPSB has received and/or may receive in the future from its insurance companies relative to the OPSB’s Katrina claims. This could include Business Interruption insurance and seven (7) months of unpaid payroll, from August of 2005 until March 24, 2006.

The OPSB filed several different “exceptions” or procedural objections in response to our “Petition for Intervention” claiming, among other things, that we have no right and no claim to intervene in the OPSB’s case against its insurance companies. Recently, in December of 2011, the Judge in OPSB’s Katrina insurance case ruled on these “exceptions.” In summary, the Judge ruled that we do have the right and have stated a proper claim to intervene in the OPSB’s Katrina insurance case. However, the Judge also ruled that our current case (Oliver, et al. v. OPSB, et al.), which is before Judge Julien, should cover our claims to these actual/potential OPSB Katrina insurance proceeds. As such, we were not allowed to intervene in the OPSB’s Katrina insurance case at this time, but the Judge stated he may reconsider our intervention claim after a judgment is rendered in the Oliver case. We have filed the motion to have these two cases consolidated and we will hopefully have a decision in the near future.

To be clear, ALL THIS MEANS IS THAT WE MAY HAVE THE RIGHT TO BRING THE INTERVENTION IN OUR CURRENT CASE (Oliver, et al. v. OPSB, et al.) OR AT A FUTURE DATE IN THE OPSB’s KATRINA INSURANCE CASE. IT DOES NOT MEAN THAT WE ARE ENTITLED TO ANY OF THE INSURANCE PROCEEDS WHICH THE OPSB HAS RECEIVED OR WHICH IT MAY RECEIVE. THAT DETERMINATION WOULD COME AT FUTURE TIME.

We will of course continue to post new developments on this website as they occur. We urge everyone to regularly check the website.

UPDATE POSTED DECEMBER 5, 2011

Ever since our lawsuit was filed, the Orleans Parish School Board has claimed that it didn’t have the financial ability to pay salaries or benefits to employees after Hurricane Katrina. However, the Plaintiffs’ Legal Committee has now learned that in August of 2005 when Hurricane Katrina hit, the Orleans Parish School Board had several insurance policies. Several of these insurance policies provided coverage for property damage and “business interruption.”

Typically, “business interruption” insurance policies provide employers with compensation to cover payment of salary due to employees.

The Orleans Parish School Board failed to disclose to us and to the Court that it had these business interruption insurance policies.

Moreover, we have learned that OPSB never made a claim for employee salaries in these insurance policies.

The Orleans Parish School Board has filed suit against several of these insurance companies (many of you may have read about their lawsuit in the Times-Picayune) seeking money for among other things, property damage and business interruption.

We contend that at the least, these policies cover your salary from August 26, 2005 (the date when everyone was last paid) until March 24, 2006, when everyone in the class action was formally terminated in writing by the OPSB). As a result, we have filed a “Petition to Intervene” in OPSB’s lawsuit against their insurance companies, asking the Court to declare that your claims for salary are covered by OPSB’s business interruption insurance policies, and asking the Court not to allow the insurance companies to distribute the insurance money to anyone else until your claims for unpaid salary are considered.

If we are successful, it could mean that there would possibly be insurance money to cover salary from August 29, 2005 through March 24, 2006.

Having said that, we anticipate that there will now be rumors that “we have settled the case” or that “everyone will receive salary from August 29, 2005 through March 24, 2006. So we want to be perfectly clear:

· We are asking the court to rule that the business interruption insurance must cover this claim for salary. We have not yet received a ruling.

· We have not settled the case. This new information has nothing to do with any settlement, and if you hear any rumors about settlement, they are untrue. Moreover, because this is a class action, the case cannot be “settled” until we send Notice of a Proposed Settlement to the class, and class members have the opportunity to comment.

· We are still pursuing damages beginning with August 29, 2005, with no end date. All this email states is that at a minimum, we contend that the insurance policies should cover the time period August 29, 2005 through March 24, 2006.

Update on transcript: The Court has told attorneys for all parties that post-trial filings are due three weeks after the transcript has been completed. The transcript has not yet been completed.

Update Posted November 16, 2011

We know that everyone is eagerly awaiting word of the Judgment of the trial court. However, a Judgment cannot be rendered until the transcript of the written testimony has been completed and attorneys for the parties submit post-trial pleadings. Because this was a one-month trial, we expect the written transcript to be between 5,000 and 6,000 pages long. We are awaiting a “date certain” for the transcript to be completed.

In anticipation of the completed transcript, the Judge has already given attorneys a deadline of three (3) weeks to submit post-trial pleadings after we receive the full transcript. The Judge will render Judgment after attorneys file post-trial pleadings.

We thank you for your patience. Please know that we continue to vigorously fight the injustice and to do everything that we can to minimize delays. In the meanwhile, the Plaintiffs’ Legal Committee extends our best wishes to everyone for a Happy Thanksgiving.

Update Posted September 14, 2011

The Times-Picayune recently reported that every class member will have the opportunity to show the court what individual losses and damages we have suffered. Is this true?

Yes. In class actions, if there is judgment in favor of the class members, and after the judgment becomes final, then individual class members will have that opportunity. The procedure will be determined by the Judge much later, after the Judgment is final (that is, after all appeals have been concluded).

There are nearly 7,000 class members. Won’t the process of appeal, and then the process of establishing damages, take a considerable period of time?

Yes.

How much time?

That cannot be determined at this time.

Additional note:

First, we ask class members not to give any statements to the media (radio, television, newspapers, weeklies, etc.) This is because comments that you make can be taken out of context and can hurt not only your claim, but others’ claims. If you are contacted by reporters, we ask you to tell reporters that you will only comment with a class action attorney present. Then, send us an email.

Second, we have received emails from class members who have told us that they “heard a rumor that…” We thank you for calling rumors to our attention. (we haven’t heard one rumor yet that was true!) We ask class members to check the website before repeating information to someone else, or send us an email asking if the rumor is true. Thank you!

Update Posted August 9, 2011

We have received numerous requests for an update. We haven’t posted anything lately because there haven’t been any new developments.

We have filed a Motion asking the Court to establish deadlines for attorneys for both sides to file post-trial memoranda of law. However, before post-trial briefs can be filed, a transcript of the testimony from court must be prepared. Because it was a 17-day trial, the transcript will be very lengthy. We estimate that this will occur before the end of September.

We estimate that post-trial briefs will be due in late Fall.

After the transcript has been prepared and after post-trial briefs have been filed, the Judge will issue a ruling. Because of the necessary delays associated with filing post-trial briefs, we do not expect a ruling until late 2011 or early 2012.

We do not know when we will receive a ruling from the Court. Remember, the losing party has the right to appeal to the Court of Appeal, and after that, ask the Louisiana Supreme Court to review the ruling from the Court of Appeal.

Update

Posted Friday, June 24, 2011

On June 23, 2011, the trial phase of the case concluded, except for the submission of a deposition (as explained below) and post-trial briefs. We are extremely pleased with the information that was presented to the Judge, and we feel strongly that the evidence and testimony supports our case.

We know that many people have questions as to what happens next. We are in the process of preparing information to post on this website hopefully by the end of June. For now, we will answer a few questions that are on everyone’s mind:

What happens next?

1. One of our educational experts has been out of the country and unavailable to testify during trial. He will be returning to the country in July, and we have reserved the right to submit his testimony through a deposition. The date for the deposition has not been scheduled.

2. The Court Reporter will prepare the written transcript of all of the testimony.

3. Attorneys for both sides will have the opportunity to submit written briefs. The Judge will establish deadlines for all counsel to file memoranda of law.

We will post information on this website when these events occur.

When will the Judge issue her decision?

It is not likely that the written transcript and the briefs will be completed before the end of August. There is no way at this time to know when the Judge will issue her ruling.

Is there a deadline for class members to submit information?

Not at this time.

We recommend that everyone regularly check the website for updates and to verify information that you may hear. If it isn't on the website, it isn't accurate.

POSTED THURSDAY, JUNE 9, 2011

We have now completed three weeks of trial. In addition to the persons named below, we have presented the testimony of Dr. Barbara Ferguson (education expert) and an economic expert, Dr. Shael Wolfson. Each of the named class representatives have completed their testimony as well.

On Monday, June 20, the State Defendants and the Orleans Parish School Board will begin presenting their case. We expect trial to end on Thursday, June 23. However, there will not be an immediate ruling from the Court, because there is a second educational expert who has been out of the country. This final piece of information will presented to the Judge in late July. We do not know at this time whether a ruling will be issued this summer, but we will post developments on this website.

There is still no deadline for class members to submit information to us.

POSTED SATURDAY, JUNE 4, 2011

Two weeks of trial have been completed. Thus far, the following persons have testified: former OPSB Compliance Officer Dr. James Lloyd, former NOPS Superintendent Ora Watson, OPSB Member Cynthia Cade, NOPS Superintendent Darryl Kilbert, former First Assistant Legislative Auditor Grover Austin, Managing Director of Alvarez & Marsal Bill Roberti, former Louisiana Department of Education Deputy Superintendent Carole Wallin, NOPS Chief Financial Officer Stan Smith, current NOPS Director of Human Resources Armand Devezin, OPSB Board member Lourdes Moran, former OPSB Board President Phyllis Landrieu, former Legislative Auditor Steve Theriot, and BESE Board Member Linda Johnson.

Next to testify (not necessarily in this order): education and economic experts, the named class representatives, plus a few others.

Trial resumes at 9:00 Monday morning, June 6. Trial will continue on Tuesday, June 7 and Wednesday, June 8, and then on Monday, June 20.

There is no deadline at this time to submit information to the Lawyers' Committee. This phase of the trial is for the purpose of determining fault and liability.

We encourage everyone to check this website on a regular basis.

UPDATE

WEDNESDAY, JUNE 1, 2011 7:00 pm

Following is the schedule of persons who will be testifying for the remainder of this week. Note: both the names and the order are subject to change:

Thursday, June 2:

Steve Theriot, former Legislative Auditor

Rev. Torin Sanders, former President, Orleans Parish School Board

Phyllis Landrieu, former President and member, Orleans Parish School Board

Friday, June 3:

Glenny Lee Buquet, BESE Board member

Weegie Peabody, former BESE Executive Director

UPDATE

FRIDAY, MAY 27, 2011

Week one of testimony went very well. We are pleased with the evidence and testimony, and persons who have attended the trial have told us that it was time well spent.

We have been asked to post a list of witnesses to be called each day. Here is the list of witnesses currently scheduled to be called Tuesday, May 31 and Wednesday, June 1. Please keep in mind that both the names and the order are subject to change:

Tuesday, May 31 and Wednesday, June 1:

Grover C. Austin, former First Assistant Legislative Auditor

Carole Wallin, Former Deputy Superintendent of Education under Cecil Picard

Phyllis Landrieu, former member of the Orleans Parish School Board

Lourdes Moran, member of the Orleans Parish School Board

Reverend Torin Sanders, former member of the Orleans Parish School Board

We have received requests to provide a summary of developments each day. However, it is the opinion of the Lawyers’ Committee that this would not be a good strategy while trial is underway. However, there are some public posts that contain information posted by others. For example, click the following link for a recent article written by Jessica Williams in the Lens:

http://thelensnola.org/2011/05/26/opsb-rsd-mass-firings-katrina/

WEDNESDAY, MAY 23, 2011

TRIAL IS UNDERWAY!

Trial has begun. and significant information has become public each day.

The following is the current trial schedule. It is subject to change, so please check this website daily before you attend.

Location: Civil District Court, 421 Loyola Avenue corner Poydras (adjacent to City Hall), 3rd Floor, Division "N".

Monday, May 23                       1:00 p.m.

Tuesday, May 24                      9:00 a.m.

Wednesday, May 25, 2011       9:00 a.m.

Thursday, May 25, 2011           9:00 a.m.

Friday, May 26 NO TRIAL; OTHER CASES SCHEDULED

Monday, May 30   COURT CLOSED; MEMORIAL DAY

Tuesday, May 31                      9:00 a.m.

Wednesday, June 1                  9:00 a.m.

Thursday, June 2                      9:00 a.m.

Friday, June 3                          9:00 a.m

Monday, June 6                                    9:00 a.m.

Tuesday, June 7                       9:00 a.m.

Wednesday, June 8                  9:00 a.m.

Thursday, June 9 THROUGH FRIDAY, JUNE 17

NO TRIAL/SCHEDULING CONFLICTS

Monday, June 20                      9:00 a.m.

Tuesday, June 21                     9:00 a.m.

Wednesday, June 22                9:00 a.m.

Thursday, June 23                    9:00 a.m.

BULLETIN!

Trial Begins Monday, May 23 at 1:00 p.m. (new time)

Location: Civil District Court, 421 Loyola Avenue, corner Poydras St. (the 4-story building adjacent to City Hall) Division “N” is on the 3rd floor.

Trial is expected to be held on the following dates (subject to change):

               May 23, 24, 25, 26, 31

               June 1, 2, 3, 6, 7, 8, 20, 21, 22, 23

Court will convene at 9:00 a.m. on each day except May 23 (subject to change).

THE STATE AND THE SCHOOL BOARD TRIED TO DELAY THE TRIAL BUT THE LOUISIANA SUPREME COURT REFUSED.

The School Board and the State Defendants tried to delay the trial – again. After being denied by Judge Ethel Simms Julien and a Three-Judge Panel of the Louisiana Fourth Circuit Court of Appeal, the State and the School Board asked the Louisiana Supreme Court to delay the trial. We strongly objected because justice delayed is justice denied, and we felt that waiting 5 ½ years is long enough.

The Louisiana Supreme Court has denied their request to delay the trial.

An important message from the Plaintiffs’ Legal Committee

Posted April 28, 2011.

Trial will begin on Monday, May 23, 2011 at 9:00 a.m. in Division “N” (3^rd floor) of Civil District Court, 421 Loyola Avenue corner Poydras Street, which is the building next to City Hall. The trial is public, of course, and there is room for approximately 50 people in the courtroom.

In early April, the School Board and the State Defendants filed a Motion to Stay the trial, in order to delay the trial date. We vigorously opposed their Motion, and the trial court Judge (Ethel Simms Julien) denied their request. OPSB and the State Defendants then asked the Louisiana Fourth Circuit Court of Appeal to delay the trial. We again opposed their efforts, and the Fourth Circuit Court of Appeal refused to grant their request for a delay. Justice delayed is justice denied, and we felt that a six year wait was already too long.

The case will begin with our side calling persons to testify first. This is a Judge-trial; there is no jury. Trial is expected to take between 4 – 6 weeks, so it is not expected to finish until mid-July. At this time, trial is scheduled to begin at 9:00 each morning, except on Fridays, when the Judge schedules hearings on other cases, but schedules are always subject to change. There will be no trial between June 6-10 because of a conflict with the annual meeting of the Louisiana State Bar Association, which a large number of Judges and attorneys attend. We urge everyone to check the website to determine changes in the trial schedule, but sometimes there may be schedule changes without notice.

We do not expect the Judge to immediately issue a ruling when trial concludes. It is likely that both sides will submit post-hearing briefs.

It is important for everyone to know that hearings to determine how much money each person will receive will take place at a later date which has not been determined. The first phase, which begins May 23 and should conclude by mid-July, is for the purpose of proving that the State, BESE and OPSB are at fault.

At this time there are no deadlines for class members to submit information, but we encourage everyone to regularly check this website.

We will try to post updates on this website during the trial as time permits.

We continue to be honored to serve as your Plaintiffs Legal Committee.

Willie M. Zanders, Sr. Lead Counsel
Suzette Peychaud Bagneris, Liaison Counsel
Rico Alvendia
Jeanne Demarest
Anthony Irpino
Juana Marine Lombard
Clarence Roby
Larry Samuel
Walter Willard

Notice posted March 9, 2011

In order to be eligible to participate in this class action, you must meet the definition of the class that has been approved by the Judge. The class is limited to NOPS employees who were “permanent/tenured” prior to August 29, 2005, and there are “sub-classes” as listed below.

In January, we mailed letters to persons who do not appear to meet the definition according to school board records. If you received the letter stating that you do not appear to meet the definition of the class, and you disagree with OPSB records which show that you were not a tenured/permanent employee of OPSB prior to August 29, 2005, please provide additional information to us not later than March 31, 2011:

1. Please send a letter stating which of the subclasses you feel you should be included,

AND

2. Please send a copy of any documents that substantiate that you were a tenured/permanent employee of OPSB prior to August 29, 2005.

CLASS DEFINITION

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.

Sub-Class 1: Tenured, Certified Teachers

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.”

IMPORTANT NOTICE !!!

REGARDING “NOTICE OF CLASS ACTION

LITIGATION” !!!

Tenured/Permanent New Orleans Public School employees who were terminated or forced to retire after Hurricane Katrina should have recently received an envelope in the mail.

The envelope contains a notice of Class Action Litigation.

Notice of Class Action Litigation
(Click to download)

Opt-Out Form
Submit this form only if you DON'T want to be included in the class action. (Click to download)

Please note:

► There is also an “OPT-OUT” form in the envelope. You should return the form only if you want to be excluded from the lawsuit.

► Because the Court has certified this case as a class action, you are automatically included if you do nothing.

► If you want to be INCLUDED in the lawsuit, you should NOT return the opt-out form.

► If you opt-out, you will not be able to recover any money from this class action and you will not be represented by the eight (8) attorneys appointed by the Court.

► If you do not receive an envelope in the mail, the “Notice of Class Action Litigation” has been posted on this website (see the above link).

► Because the Court has certified this case as a class action, you are automatically included if you do nothing.

► If you did not receive the Notice in the mail, you may obtain one by clicking the above link.

NOTICE POSTED October 21, 2010

Trial has been rescheduled to May 23, 2011, in order to meet pre-trial scheduling deadlines.

Between now and May 23, 2011, there will be a great deal of activity on the case in order to fulfill pre-trial responsibilities. We encourage all interested persons to check this website every week. We will continue to post updates as developments occur.

NOTICE POSTED September 10, 2010

On August 30, 2010, the State Defendants filed a cross-claim against OPSB. For an explanation, please go to "Frequently Asked Questions."

Trial in this case has been postponed until May 2, 2011. The reason: the State Defendants needed more time because the School Board filed a cross-claim filed against them.

Between now and May 2, 2011, there will be a great deal of activity on the case in order to fulfill pre-trial responsibilities. We encourage all interested persons to check this website every week. We will continue to post updates as developments occur.

Posted June 24, 2010:

There has been some confusion about our Notice posted June 9 (see below). The July 16 deadline is for attorneys. There is currently no deadline for NOPS employees to submit information to us.

Posted June 9, 2010:

OPSB Counter-Sues BESE, Department of Education and the RSD.

Since our last posting, there have been a number of developments.

First, as a result of information that we obtained from hundreds of documents that we subpoenaed, and from information that we learned when we took the depositions of State and School Board officials, we obtained sufficient proof to fully support our claim that it was the State Defendants (BESE, Department of Education, and the Recovery School District) who had controlling authority over the hiring and firing of OPSB employees and almost all other matters following Katrina. While we had previously alleged this conduct on behalf of the State Defendants, we have amended our lawsuit to further clarify the claim that the OPSB and the State Defendants conspired to and committed wrongful conduct that included the wrongful termination of tenured employees, and intentional interference with the tenured employees’ employment contracts and/or property (tenure) rights.

Second, last week, the Orleans Parish School Board filed its Answer to our claims. In a move that has tremendous significance, the Orleans Parish School Board has filed a Cross-Claim against the State Defendants. The School Board continues to deny the claims that we made against them, however, the School Board in their Cross-Claim states that “By taking over the School Board’s schools, the State Defendants prevented the School Board from placing its employees the same positions they held before Katrina.” The cross-claim filed by the Orleans Parish School Board goes on to state that the claims that we have made against them, are due in whole or in part to the actions or other fault of the State defendants."

Posted June 9, 2010:

The Court has ordered the parties to attempt to locate as many class members as possible and advise them of the deadlines and procedures which must be followed relative to this class action. We have currently located approximately 5,000 class members, but we know that there are many potential class members who have not contacted us. If you know of any tenured OPSB employees who may be able to participate in this class action who have not contacted class counsel, please advise them to provide us with their current contact information through this website. We (the attorneys) must report to the Court on July 16, 2010 how many persons we were able to locate. Additionally, the Court may order the parties to exchange current addresses for all known class members. So, please let everyone know. Thank you!

NOTICE POSTED JUNE 9, 2010 modified June 24, 2010:

Posted April 8, 2010:

We have a date set for trial: the trial will begin January 10, 2011. The court has established a schedule that calls for various other court dates to hear pre-trial motions between now and January 10, 2011. We will, of course, keep you posted as developments occur. Please continue to check this website for updates.

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.

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

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

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

Sub-Class 4: Employees forced to retire under duress

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.

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