Eastern District of New York Hurricane Sandy Update

Hurricane Sandy flood insurance cases are currently stayed in the Eastern District of New York until April 30, 2015, in order to allow the parties to focus on settlement discussions.¹

The Hurricane Sandy Committee held a conference on April 14, 2015, with Plaintiffs and Defendant’s Liaison counsel, representatives from the U.S. Attorney’s Office, and FEMA. The issues discussed concerned attorney’s fees and subrogation of proposed settlement awards that had prevented the parties from finalizing settlements.

On April 15, 2015, the court entered an Order² scheduling an in-person hearing for April 27th and requiring the following:

• Plaintiffs’ counsel, counsel and representatives with settlement authority from the Write Your Own Carriers, FEMA, the United States Attorney’s Office, and the General Counsel of the Department of Homeland Security are Ordered to appear, along with counsel and representatives with settlement authority from New York Rising, the Department of Housing and Urban Development, the United States Small Business Administration, and any other interested entity with subrogation claims.

• Should the cases not be resolved on April 27th, the Court will proceed with evidentiary hearings in May, June and July concerning alleged improper practices.

• The mediations that were previously adjourned on the representation that settlement discussions were being pursued in good faith will be rescheduled beginning on May 1, 2015.

• Or before April 23, 2015, Plaintiffs’ Liaison Counsel shall prepare a list of all affected cases, and provide the same to the Court and counsel, identifying the issue(s) to be resolved in each case (e.g. engineering report issues, software discrepancies, etc.), and the relief requested.

We will keep you updated on all pertinent rulings from the Eastern District of New York Court regarding Hurricane Sandy flood cases.

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¹ Order dated March 25, 2015, Docket Entry 1032.
² Docket Entry 1044.