Article on Fifth Circuit Katrina litigation for Appleman Critical Issues/chapter in Appleman treatise

I really should have said more about this earlier, but time slips away.  As I’ve mentioned in passing before, I’m writing the sequel to my article last fall in Appleman Critical Issues on anti-concurrent cause language in Katrina litigation.  This one looks at the decisions of the Fifth Circuit in the appeals of those cases I talked about last time, as well as a few non-Fifth Circuit cases such as the Northrup v. Grumman case in federal court in California and some of the cases in Louisiana state court.  Not all of the cases are about causation analysis, of course, but most feature that element. 

The reason I should have said something earlier is I’m finishing the draft of the article this weekend and if you have anything to tell me about your point of view on these cases, there isn’t much time.  I know, my timing for saying this could have been much better.  I’ve heard from some people with strong views, I’m sure there are more.  I do like to hear from as many people as possible when I work on these things — keeps me honest, keeps the number of my mistakes down and makes for a better product.  The length and quality required of an article for Critical Issues is always a challenge, and that’s why I like to do it, but it is easier with input from others. 

I should also mention I was asked to write a chapter on hurricane law for the Appleman treatise.  The draft is due at the end of March, and this is an even more massive undertaking, so I need to start on it right away after I finish this article.  The chapter in the treatise is more significant in the long run, because the Appleman treatise is considered the definitive authority for insurance law questions.  So I want to make sure I get it right.  If you have any hurricane case law, observations about case law, articles about hurricane cases, etc., please contact me at

Lastly, I want to remark on how strange it is that I came to be in these circumstances.  Guy from NoDak, never been near a hurricane, practicing in Portland, Oregon and not involved in the slightest in any Hurricane Katrina case as a litigator or advisor, never even been to Mississippi or Louisiana, but writes daily about Katrina, not to mention offshoots like the Scruggs scandal.  Life’s too mysterious, don’t take it serious. 

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