In Re Fema Trailer Formaldehyde Products Liability Litigation
2012 U.S. App. LEXIS 1250
| 5th Cir. | 2012Background
- Appellants sue under the FTCA for injuries allegedly from exposure to formaldehyde in FEMA-provided EHUs after Hurricanes Katrina and Rita.
- District court dismissed for lack of subject-matter jurisdiction; Fifth Circuit affirms dismissal.
- EHUs were government-supplied, temporary shelters drawn from FEMA inventories and installed at disaster sites.
- FEMA issued warnings, brochures, and engaged EPA and CDC testing and mitigation efforts beginning in 2006–2008.
- Appellants allege FEMA acted with self-interest or liability concerns by delaying or ignoring formaldehyde complaints.
- Mississippi and Alabama Appellants seek to avoid immunity defenses under state emergency statutes.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA jurisdiction and waivers. | Appellants contend FTCA waiver applies. | Government argues immunity under MEML/AEMA and lack of private analogue. | Jurisdiction affirmatively lacking; FTCA not applicable given state immunities. |
| Private analogue under state immunity statutes. | FEMA actions non-discretionary; analogue to non-profit shelter provider. | Statutes immunize private actors; government analogies permit immunity. | Private liability barred by Mississippi and Alabama immunities. |
| Scope of immunized conduct timing. | FTCA claims extend to post-disaster decision-making. | Immunized conduct includes 'during or in recovery from' a major disaster; broader SEC not needed. | Statutory timing supports immunity for the challenged conduct. |
Key Cases Cited
- United States v. Olson, 546 U.S. 43 (2005) (sovereign immunity and private analogue analysis; government defenses)
- LaBarge v. Cnty. of Mariposa, 798 F.2d 364 (9th Cir. 1986) (analogy between government and private actor in immunity context)
- Camacho v. Tex. Workforce Comm'n, 445 F.3d 407 (5th Cir. 2006) (fifth circuit on government defenses available to private parties)
- Ridgley v. FEMA, 512 F.3d 727 (5th Cir. 2008) (FEMA’s discretionary/voluntary actions under Stafford Act context)
- In re Supreme Beef Processors, Inc., 468 F.3d 248 (5th Cir. 2006) (FTCA waivers and interpretation; state-law limitations)