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Press Releases
FOR IMMEDIATE RELEASE
New Orleans,
Louisiana
November 12, 2009
5:00 pm
Media
Contact:
Willie
M. Zanders , Lead Counsel
Suzette P.
Bagneris, Liaison Counsel
Louisiana
Court of Appeal affirms class-action lawsuit on behalf of New Orleans Public School
employees fired after Katrina
On December 10, 2008, Civil District
Court Judge Ethel Simms-Julien certified a class action lawsuit filed on
behalf of more than 8,500 public school employees terminated after the
State of Louisiana took control of
over 100 New Orleans Public Schools after Hurricane Katrina. In a
20-page ruling issued today, the Louisiana
Fourth Circuit Court of Appeal affirmed the decision of the trial
court. The 3-judge panel was
composed of Judge Edwin A. Lombard, Judge Terri F. Love, and Judge Paul
A. Bonin. Speaking for the
Court, Judge Lombard summarized the court’s ruling:
“After reviewing the record before us, including the petitions, the
arguments of the parties, the testimony at the certification hearing and
the trial court’s reasons for judgment, we find that there was a
sufficient factual basis for the trial court to certify this class.”
This case began on October 28, 2005,
just two months after Hurricane Katrina devastated
New Orleans and the
Gulf
Coast when three employees
filed a Petition for Injunctive Relief to prevent the Orleans Parish
School Board from terminating their employment, claiming a
violation of their state-mandated due process and
property rights as certified and/or permanent public school employees.
The initial plaintiffs included Eddy Oliver, a public school principal,
Oscarlene Nixon, a para-professional/teacher’s aide, and Mildred
Goodwin, a custodian. The lawsuit was amended to include the State of Louisiana following the State's takeover of
over 100 New Orleans Public Schools effective November 30, 2005. Other "State
Defendants" include the Louisiana State Department of Education and its Recovery School District, and the Louisiana State
Board of Secondary and Elementary Education (BESE). The employees'
initial request for injunctive relief in the form of continued
employment with the new state-run school system was denied, but in a
September 2007 ruling, Judge Julien recognized other “causes of action”
for monetary relief, including wrongful termination and breach of
contract.
Subsequently, other terminated employees were added to the lawsuit which
now includes principals,
teachers, paraprofessionals, central office administrators, secretaries,
social workers and other employees who provided instructional,
administrative, food services , security, maintenance, transportation
and other services.
Statement from Willie M. Zanders, Plaintiffs’ Lead
Counsel:
We are very pleased with
the 4th Circuit’s ruling affirming Judge Julien’s decision
certifying the class. 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.
I thank
Attorney Suzette Bagneris (Liaison
Counsel) and Attorney Anthony Irpino who did an excellent job arguing
the Plaintiffs’ case before the Fourth Circuit on September 30, 2009.
I must also thank Attorneys Walter Willard, Roderick Alvendia, Juana
Marine Lombard, Clarence Roby, Larry Samuel, and Client Relations’
Manager Evelyn Battiste for the outstanding work they have done and will
continue to do until the case ends.
In the course
of the litigation, we discovered documents showing that State Education
officials received over $400 million dollars in emergency congressional
funding to restart public schools in New Orleans and to help
employees who had been placed on “disaster leave” without pay.
Despite receipt of the federal funding, 8,500
New Orleans
Public School employees
were terminated. Many of these employees and their families are still
suffering four years after Hurricane Katrina. However, they have been
very patient as the court system reviews
actions taken by education officials after Katrina.
The
defendants have the right to ask the Louisiana
Supreme Court to
review this unanimous ruling of the
Louisiana
Fourth Circuit Court of Appeal and the Plaintiffs’ attorneys will be
prepared for that undertaking, if they choose to do so.
Thanksgiving 2009 is very special for our clients, their families, and
citizens who are thankful for the invaluable services of public school
employees.
RELEASED 12/10/08
Louisiana
court authorizes a class action lawsuit on behalf of thousands of New Orleans Public School
employees terminated after Hurricane Katrina
NEW ORLEANS,
LA
December 10, 2008
Civil District Court Judge Ethel Simms-Julien issued a
Judgment today that potentially impacts
over 8,500 former employees of the Orleans Parish School Board. The
lawsuit has been filed on behalf of
principals, teachers, paraprofessionals, central office administrators,
secretaries, social workers, and other employees who provided
instructional, administrative, food,
security, maintenance, transportation and other services for 62,000
public school students as of
August 29, 2005
In an 18 page Ruling, Judge Julien certified a lawsuit
to proceed as a class action on behalf of thousands of employees of the
Orleans Parish School Board terminated after Hurricane Katrina.
The ruling will potentially allow over 8,500 former Orleans
Parish School Board employees to seek monetary damages from the Orleans
Parish School Board, the State of Louisiana, and its education agencies for
claims of wrongful termination and breach of contract. Today’s class
certification ruling is a part of the legal process to recover damages
for all eligible former employees.
This case began on October 28, 2005
when several employees filed a Petition for Injunctive Relief to prevent
the Orleans Parish School Board from terminating their employment
claiming a violation of their state-mandated due process and
property rights as certified and/or permanent public school employees.
The lawsuit was amended to include the State of
Louisiana
following the State’s
takeover of over 100 New Orleans Public Schools effective November 30, 2005. Other
“State Defendants” include the Louisiana State Department
Education and its Recovery School District, and the Louisiana State
Board of Secondary and Elementary Education.
The employees’ initial request for injunctive relief in the form
of continued employment with the new state-run school system was denied,
but in a September 2007 ruling, Judge Julien recognized other “causes of
action” for monetary relief including wrongful termination and breach of
contract.
In the course of the litigation, attorneys for the plaintiffs discovered
a letter showing that on September 14, 2005, just two weeks after
Hurricane Katrina, Louisiana’s
Superintendent of Education requested over $2 billion dollars in
emergency federal aid to pay out of work employees and to restart public
schools devastated by the storm.
State Education officials subsequently received over $445 million
dollars in emergency congressional funding to restart public schools.
Despite receipt of the federal funding, 8,500
New Orleans Public School employees were terminated.
The attorneys representing the OPSB’s terminated
employees are Willie M. Zanders,
Sr. Larry Samuel, Suzette Bagneris, Roderick Alvendia, Anthony D. Irpino,
Juana Marine Lombard, Clarence Roby, and Walter I. Willard. Evelyn
Battiste serves as Manager of Client Relations.
“While this has been and will continue to be a long, hard-fought battle,
we are taking a moment to be thankful for this very important victory on
behalf of the patient and remarkable clients that we serve,” says Willie
M. Zanders, Sr., Lead Counsel.
A
website site has been established at
www.nopsejustice.com
to provide further information.
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