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		<title>Cruise Line Fans: Cruise Forum, Reviews and Chat From Real Cruisers - Hurricane Watch</title>
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			<title>Cruise Line Fans: Cruise Forum, Reviews and Chat From Real Cruisers - Hurricane Watch</title>
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			<title>Katrina.Judge rules</title>
			<link>http://www.cruiselinefans.com/hurricane-watch/44225-katrina-judge-rules-new-post.html</link>
			<pubDate>Thu, 19 Nov 2009 12:37:26 GMT</pubDate>
			<description><![CDATA[*Katrina Ruling May Cost Feds Billions *

*By CAIN BURDEAU*
, 
*AP*
posted: *3 MINUTES AGO*
comments: *7* (http://news.aol.com/article/negligence-ruling-on-katrina-flood-may/774043#comments)


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NEW ORLEANS -The federal government could be vulnerable to billions of dollars in claims after a judge ruled that the Army Corps of Engineers' failure to properly maintain a navigation channel led to massive flooding in Hurricane Katrina.
U.S. District Judge Stanwood Duval on Wednesday awarded seven plaintiffs $720,000, but the government could eventually be forced to pay much more. The ruling should give more than 100,000 other individuals, businesses and government entities a better shot at claiming damages.
Duval sided with six residents and one business who argued the Army Corps' shoddy oversight of the Mississippi River-Gulf Outlet led to the flooding of New Orleans' Lower 9th Ward and neighboring St. Bernard Parish. He said, however, the corps couldn't be held liable for the flooding of eastern New Orleans, where two of the plaintiffs lived.
Skip over this content (http://www.cruiselinefans.com/#axs137) Image: http://o.aolcdn.com/photo-hub/news_gallery/6/3/638531/1258632373249.JPEG  Charlie Riedel, AP
Water is pumped out of New Orleans' flooded Lower 9th Ward after Hurricane Katrina. A federal judge has ruled the Army Corps of Engineers' failure to shore up a major channel in the city led to levee failures.



The ruling is also emotionally resonant for south Louisiana. Many in New Orleans have argued that the flooding in the aftermath of Katrina, which struck the region Aug. 29, 2005, was a manmade disaster caused by the Army Corps' failure to maintain the levee system protecting the city.
"Total devastation could possibly have been avoided if something had been done," said Tanya Smith, one of the plaintiffs. "A lot of this stuff was preventable and they turned a deaf ear to it."
The 36-year-old registered nurse anesthetist lived in Chalmette close to the channel when Katrina hit. She was awarded $317,000 in property damages, the most of any of the plaintiffs.
Duval referred to the corps' approach to maintaining the channel as "monumental negligence."
Joe Bruno, one of the lead lawyers for the plaintiffs, said the ruling underscored the Army Corps' long history of not properly protecting the New Orleans region.
"It's high time we look at the way these guys do business and do a full re-evaluation of the way it does business," Bruno said.
Skip over this content (http://www.cruiselinefans.com/#axs864)   

He said he expected the government to appeal.
The corps referred calls seeking comment to the Justice Department. Spokesman Charles Miller said the government would review the judge's ruling before making any decision on how to proceed.
During trial testimony, government lawyers and experts argued the levee system was overwhelmed by the massive storm, and levee breaches couldn't solely be blamed on the shipping channel dug in the 1960s as a short-cut between the Gulf of Mexico and New Orleans.
The corps had also unsuccessfully argued that it is immune from liability because the channel is part of New Orleans' flood control system.
In his 156-page ruling, Duval said he was "utterly convinced" that the corps' failure to shore up the channel "doomed the channel to grow to two to three times its design width" and that "created a more forceful frontal wave attack on the levee" that protected St. Bernard and the Lower 9th Ward.
"The Corps had an opportunity to take a myriad of actions to alleviate this deterioration or rehabilitate this deterioration and failed to do so," Duval said. "Clearly the expression 'talk is cheap' applies here."
Ahead of Duval's ruling, experts had said it would likely have consequences for the way the Army Corps does business nationwide.
Pierce O'Donnell, another lead plaintiffs lawyer, said the ruling was the "first time ever the Army Corps has been held liable for damages for a major catastrophe that it caused."
The plaintiffs lawyers would like Congress to set up a compensation fund to speed up payments to the thousands of others whose claims must still be heard in court.
At a one-month trial in May, experts clashed over the causes of flooding and the channel's contribution to it.
Government experts argued the levees and floodwalls would have failed regardless of whether the channel had been dug.
By contrast, the plaintiffs' team of experts said the outlet became a "hurricane highway" that funneled storm surge into New Orleans. They said that without the channel, the flooding would have been minimal.
The lawsuit was the first major case against the federal government over Katrina flooding to go to trial. A decision rested with Duval because a jury cannot try a case against the federal government.

Copyright 2009 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. Active hyperlinks have been inserted by AOL.

2009-11-19 03:20:31]]></description>
			<content:encoded><![CDATA[<div><b>Katrina Ruling May Cost Feds Billions </b><br />
<br />
<b><font face="Verdana"><font size="1"><font color="#666666">By CAIN BURDEAU</font></font></font></b><br />
, <br />
<b><font face="Verdana"><font size="1"><font color="#666666">AP</font></font></font></b><br />
posted: <b><font face="Verdana"><font size="1"><font color="#666666">3 MINUTES AGO</font></font></font></b><br />
comments: <a href="http://news.aol.com/article/negligence-ruling-on-katrina-flood-may/774043#comments" target="_blank"><b><font face="Verdana"><font size="1"><font color="#314c7b">7</font></font></font></b></a><br />
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<br />
NEW ORLEANS -The federal government could be vulnerable to billions of dollars in claims after a judge ruled that the Army Corps of Engineers' failure to properly maintain a navigation channel led to massive flooding in Hurricane Katrina.<br />
U.S. District Judge Stanwood Duval on Wednesday awarded seven plaintiffs $720,000, but the government could eventually be forced to pay much more. The ruling should give more than 100,000 other individuals, businesses and government entities a better shot at claiming damages.<br />
Duval sided with six residents and one business who argued the Army Corps' shoddy oversight of the Mississippi River-Gulf Outlet led to the flooding of New Orleans' Lower 9th Ward and neighboring St. Bernard Parish. He said, however, the corps couldn't be held liable for the flooding of eastern New Orleans, where two of the plaintiffs lived.<br />
<a href="http://www.cruiselinefans.com/#axs137" target="_blank">Skip over this content</a> <img src="http://o.aolcdn.com/photo-hub/news_gallery/6/3/638531/1258632373249.JPEG" border="0" alt="" /> Charlie Riedel, AP<br />
Water is pumped out of New Orleans' flooded Lower 9th Ward after Hurricane Katrina. A federal judge has ruled the Army Corps of Engineers' failure to shore up a major channel in the city led to levee failures.<br />
<br />
<br />
<br />
The ruling is also emotionally resonant for south Louisiana. Many in New Orleans have argued that the flooding in the aftermath of Katrina, which struck the region Aug. 29, 2005, was a manmade disaster caused by the Army Corps' failure to maintain the levee system protecting the city.<br />
&quot;Total devastation could possibly have been avoided if something had been done,&quot; said Tanya Smith, one of the plaintiffs. &quot;A lot of this stuff was preventable and they turned a deaf ear to it.&quot;<br />
The 36-year-old registered nurse anesthetist lived in Chalmette close to the channel when Katrina hit. She was awarded $317,000 in property damages, the most of any of the plaintiffs.<br />
Duval referred to the corps' approach to maintaining the channel as &quot;monumental negligence.&quot;<br />
Joe Bruno, one of the lead lawyers for the plaintiffs, said the ruling underscored the Army Corps' long history of not properly protecting the New Orleans region.<br />
&quot;It's high time we look at the way these guys do business and do a full re-evaluation of the way it does business,&quot; Bruno said.<br />
<a href="http://www.cruiselinefans.com/#axs864" target="_blank">Skip over this content</a>   <br />
<br />
He said he expected the government to appeal.<br />
The corps referred calls seeking comment to the Justice Department. Spokesman Charles Miller said the government would review the judge's ruling before making any decision on how to proceed.<br />
During trial testimony, government lawyers and experts argued the levee system was overwhelmed by the massive storm, and levee breaches couldn't solely be blamed on the shipping channel dug in the 1960s as a short-cut between the Gulf of Mexico and New Orleans.<br />
The corps had also unsuccessfully argued that it is immune from liability because the channel is part of New Orleans' flood control system.<br />
In his 156-page ruling, Duval said he was &quot;utterly convinced&quot; that the corps' failure to shore up the channel &quot;doomed the channel to grow to two to three times its design width&quot; and that &quot;created a more forceful frontal wave attack on the levee&quot; that protected St. Bernard and the Lower 9th Ward.<br />
&quot;The Corps had an opportunity to take a myriad of actions to alleviate this deterioration or rehabilitate this deterioration and failed to do so,&quot; Duval said. &quot;Clearly the expression 'talk is cheap' applies here.&quot;<br />
Ahead of Duval's ruling, experts had said it would likely have consequences for the way the Army Corps does business nationwide.<br />
Pierce O'Donnell, another lead plaintiffs lawyer, said the ruling was the &quot;first time ever the Army Corps has been held liable for damages for a major catastrophe that it caused.&quot;<br />
The plaintiffs lawyers would like Congress to set up a compensation fund to speed up payments to the thousands of others whose claims must still be heard in court.<br />
At a one-month trial in May, experts clashed over the causes of flooding and the channel's contribution to it.<br />
Government experts argued the levees and floodwalls would have failed regardless of whether the channel had been dug.<br />
By contrast, the plaintiffs' team of experts said the outlet became a &quot;hurricane highway&quot; that funneled storm surge into New Orleans. They said that without the channel, the flooding would have been minimal.<br />
The lawsuit was the first major case against the federal government over Katrina flooding to go to trial. A decision rested with Duval because a jury cannot try a case against the federal government.<br />
<br />
Copyright 2009 The Associated Press. The information contained in the AP news report may not be published, broadcast, rewritten or otherwise distributed without the prior written authority of The Associated Press. Active hyperlinks have been inserted by AOL.<br />
<br />
2009-11-19 03:20:31</div>

]]></content:encoded>
			<category domain="http://www.cruiselinefans.com/hurricane-watch/">Hurricane Watch</category>
			<dc:creator>sue miller</dc:creator>
			<guid isPermaLink="true">http://www.cruiselinefans.com/hurricane-watch/44225-katrina-judge-rules.html</guid>
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		<item>
			<title>Invet 98L - NE of Leewards</title>
			<link>http://www.cruiselinefans.com/hurricane-watch/44055-invet-98l-ne-leewards-new-post.html</link>
			<pubDate>Tue, 10 Nov 2009 11:49:54 GMT</pubDate>
			<description>Image: http://www.nhc.noaa.gov/gtwo/two_atl.gif 
 
ZCZC MIATWOAT ALL
TTAA00 KNHC DDHHMM
TROPICAL WEATHER OUTLOOK
NWS TPC/NATIONAL HURRICANE CENTER MIAMI FL
100 AM EST TUE NOV 10 2009

FOR THE NORTH ATLANTIC...CARIBBEAN SEA AND THE GULF OF MEXICO...

THE NATIONAL HURRICANE CENTER IS ISSUING ADVISORIES ON TROPICAL
STORM IDA...LOCATED ABOUT 95 MILES SOUTH-SOUTHWEST OF MOBILE
ALABAMA.

1. DISORGANIZED SHOWERS AND THUNDERSTORMS LOCATED SEVERAL *HUNDRED MILES
NORTHEAST OF THE NORTHERN LEEWARD ISLANDS* ARE ASSOCIATED WITH A
TROUGH OF LOW PRESSURE. THE PRESSURE GRADIENT BETWEEN THE TROUGH AND
AN AREA OF HIGH PRESSURE TO ITS NORTH IS PRODUCING AN AREA OF *WINDS
TO NEAR GALE FORCE.* ANY DEVELOPMENT OF THIS SYSTEM WILL BE SLOW TO
OCCUR AS IT MOVES GENERALLY WEST-NORTHWESTWARD AT 10 TO 15 MPH OVER
THE NEXT COUPLE OF DAYS.  THERE IS A LOW CHANCE...LESS THAN 30
PERCENT...OF THIS SYSTEM BECOMING A TROPICAL CYCLONE DURING THE
NEXT 48 HOURS.  ADDITIONAL INFORMATION ON THIS SYSTEM CAN BE FOUND
IN HIGH SEAS FORECASTS ISSUED BY THE NATIONAL WEATHER SERVICE...
UNDER AWIPS HEADER NFDHSFAT1 AND WMO HEADER FZNT01 KWBC.

ELSEWHERE...TROPICAL CYCLONE FORMATION IS NOT EXPECTED DURING THE
NEXT 48 HOURS.

$$
FORECASTER KIMBERLAIN/BRENNAN
NNNN</description>
			<content:encoded><![CDATA[<div><img src="http://www.nhc.noaa.gov/gtwo/two_atl.gif" border="0" alt="" /><br />
 <br />
ZCZC MIATWOAT ALL<br />
TTAA00 KNHC DDHHMM<br />
TROPICAL WEATHER OUTLOOK<br />
NWS TPC/NATIONAL HURRICANE CENTER MIAMI FL<br />
100 AM EST TUE NOV 10 2009<br />
<br />
FOR THE NORTH ATLANTIC...CARIBBEAN SEA AND THE GULF OF MEXICO...<br />
<br />
THE NATIONAL HURRICANE CENTER IS ISSUING ADVISORIES ON TROPICAL<br />
STORM IDA...LOCATED ABOUT 95 MILES SOUTH-SOUTHWEST OF MOBILE<br />
ALABAMA.<br />
<br />
1. DISORGANIZED SHOWERS AND THUNDERSTORMS LOCATED SEVERAL <b>HUNDRED MILES<br />
NORTHEAST OF THE NORTHERN LEEWARD ISLANDS</b> ARE ASSOCIATED WITH A<br />
TROUGH OF LOW PRESSURE. THE PRESSURE GRADIENT BETWEEN THE TROUGH AND<br />
AN AREA OF HIGH PRESSURE TO ITS NORTH IS PRODUCING AN AREA OF <b>WINDS<br />
TO NEAR GALE FORCE.</b> ANY DEVELOPMENT OF THIS SYSTEM WILL BE SLOW TO<br />
OCCUR AS IT MOVES GENERALLY WEST-NORTHWESTWARD AT 10 TO 15 MPH OVER<br />
THE NEXT COUPLE OF DAYS.  THERE IS A LOW CHANCE...LESS THAN 30<br />
PERCENT...OF THIS SYSTEM BECOMING A TROPICAL CYCLONE DURING THE<br />
NEXT 48 HOURS.  ADDITIONAL INFORMATION ON THIS SYSTEM CAN BE FOUND<br />
IN HIGH SEAS FORECASTS ISSUED BY THE NATIONAL WEATHER SERVICE...<br />
UNDER AWIPS HEADER NFDHSFAT1 AND WMO HEADER FZNT01 KWBC.<br />
<br />
ELSEWHERE...TROPICAL CYCLONE FORMATION IS NOT EXPECTED DURING THE<br />
NEXT 48 HOURS.<br />
<br />
$$<br />
FORECASTER KIMBERLAIN/BRENNAN<br />
NNNN</div>

]]></content:encoded>
			<category domain="http://www.cruiselinefans.com/hurricane-watch/">Hurricane Watch</category>
			<dc:creator>canarymoon</dc:creator>
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			<title>Itinerary Changes - IDA</title>
			<link>http://www.cruiselinefans.com/hurricane-watch/44001-itinerary-changes-ida-new-post.html</link>
			<pubDate>Sat, 07 Nov 2009 18:59:41 GMT</pubDate>
			<description><![CDATA[The *Carnival Liberty*, originally scheduled to call at Cozumel on Monday, will call at Ocho Rios that day instead. 
It has not yet been announced if this is a stgraight 'port switch' which would also replace Thursday's planned stop at Ocho Rios with one at Cozumel. I would imagine that this probably will be determined after it is known whether there is damage at Cozumel's port facilities or not.
 
The *Carnival Inspiration *will NOT call at Grand Cayman, but will make a call at Key West instead.]]></description>
			<content:encoded><![CDATA[<div>The <b>Carnival Liberty</b>, originally scheduled to call at Cozumel on Monday, will call at Ocho Rios that day instead. <br />
It has not yet been announced if this is a stgraight 'port switch' which would also replace Thursday's planned stop at Ocho Rios with one at Cozumel. I would imagine that this probably will be determined after it is known whether there is damage at Cozumel's port facilities or not.<br />
 <br />
The <b>Carnival Inspiration </b>will NOT call at Grand Cayman, but will make a call at Key West instead.</div>

]]></content:encoded>
			<category domain="http://www.cruiselinefans.com/hurricane-watch/">Hurricane Watch</category>
			<dc:creator>canarymoon</dc:creator>
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			<title>Tropical Depression Ida - inland</title>
			<link>http://www.cruiselinefans.com/hurricane-watch/43921-tropical-depression-ida-inland-new-post.html</link>
			<pubDate>Wed, 04 Nov 2009 12:51:06 GMT</pubDate>
			<description>Image: http://www.nhc.noaa.gov/gtwo/two_atl.gif 
 
ZCZC MIATWOAT ALL
TTAA00 KNHC DDHHMM
TROPICAL WEATHER OUTLOOK
NWS TPC/NATIONAL HURRICANE CENTER MIAMI FL
700 AM EST WED NOV 4 2009
 
FOR THE NORTH ATLANTIC...CARIBBEAN SEA AND THE GULF OF MEXICO...
 
1. SHOWERS AND THUNDERSTORMS ASSOCIATED WITH AN AREA OF LOW PRESSURE IN
THE EXTREME SOUTHWESTERN CARIBBEAN SEA HAVE INCREASED THIS MORNING
AND* A TROPICAL DEPRESSION COULD FORM AT ANY TIME TODAY*. UPPER-
LEVEL WINDS ARE FAVORABLE FOR ADDITIONAL DEVELOPMENT AS THE LOW
REMAINS NEARLY STATIONARY DURING THE NEXT DAY OR SO. AN AIR *FORCE*
*RESERVE RECONNAISSANCE PLANE IS SCHEDULED TO INVESTIGATE THIS*
*SYSTEM THIS AFTERNOON*. THERE IS A *HIGH CHANCE*...GREATER THAN 50
PERCENT...*OF THIS SYSTEM BECOMING A TROPICAL CYCLONE DURING THE*
*NEXT 48 HOUR*S. LOCALLY HEAVY RAINS ARE POSSIBLE OVER THE NEXT FEW
DAYS OVER PORTIONS OF PANAMA...COSTA RICA...NICARAGUA...AND
HONDURAS IN ASSOCIATION WITH THIS SYSTEM. 
 
ELSEWHERE...TROPICAL CYCLONE FORMATION IS NOT EXPECTED DURING THE
NEXT 48 HOURS.
 
$$
FORECASTER KIMBERLAIN/BLAKE</description>
			<content:encoded><![CDATA[<div><div align="left"><img src="http://www.nhc.noaa.gov/gtwo/two_atl.gif" border="0" alt="" /></div> <br />
ZCZC MIATWOAT ALL<br />
TTAA00 KNHC DDHHMM<br />
TROPICAL WEATHER OUTLOOK<br />
NWS TPC/NATIONAL HURRICANE CENTER MIAMI FL<br />
700 AM EST WED NOV 4 2009<br />
 <br />
FOR THE NORTH ATLANTIC...CARIBBEAN SEA AND THE GULF OF MEXICO...<br />
 <br />
1. SHOWERS AND THUNDERSTORMS ASSOCIATED WITH AN AREA OF LOW PRESSURE IN<br />
THE EXTREME SOUTHWESTERN CARIBBEAN SEA HAVE INCREASED THIS MORNING<br />
AND<b> A TROPICAL DEPRESSION COULD FORM AT ANY TIME TODAY</b>. UPPER-<br />
LEVEL WINDS ARE FAVORABLE FOR ADDITIONAL DEVELOPMENT AS THE LOW<br />
REMAINS NEARLY STATIONARY DURING THE NEXT DAY OR SO. AN AIR <b>FORCE</b><br />
<b>RESERVE RECONNAISSANCE PLANE IS SCHEDULED TO INVESTIGATE THIS</b><br />
<b>SYSTEM THIS AFTERNOON</b>. THERE IS A <b>HIGH CHANCE</b>...GREATER THAN 50<br />
PERCENT...<b>OF THIS SYSTEM BECOMING A TROPICAL CYCLONE DURING THE</b><br />
<b>NEXT 48 HOUR</b>S. LOCALLY HEAVY RAINS ARE POSSIBLE OVER THE NEXT FEW<br />
DAYS OVER PORTIONS OF PANAMA...COSTA RICA...NICARAGUA...AND<br />
HONDURAS IN ASSOCIATION WITH THIS SYSTEM. <br />
 <br />
ELSEWHERE...TROPICAL CYCLONE FORMATION IS NOT EXPECTED DURING THE<br />
NEXT 48 HOURS.<br />
 <br />
$$<br />
FORECASTER KIMBERLAIN/BLAKE</div>

]]></content:encoded>
			<category domain="http://www.cruiselinefans.com/hurricane-watch/">Hurricane Watch</category>
			<dc:creator>canarymoon</dc:creator>
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