McGuire v. United States
713 F.3d 807
5th Cir.2013Background
- This is an MDL involving FEMA EHUs after Hurricanes Katrina and Rita; Louisiana plaintiffs appeal district court dismissals.
- The central issue is whether subject-matter jurisdiction exists under the FTCA to address plaintiff claims.
- District court dismissed negligence claims about FEMA's selection and distribution of travel trailers as EHUs under the discretionary-function exception.
- Plaintiffs challenge FEMA's handling of formaldehyde complaints; under LHSEA-DA, Louisiana negligence liability for individuals is limited by Good Samaritan provisions.
- Remaining gross-negligence claims were dismissed under the FTCA misrepresentation exception, focusing on alleged omissions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| FTCA discretionary-function applicability | FEMA acted with no binding duty; decisions were non-discretionary. | Decisions to provide EHUs involved policy analysis and resource allocation. | Discretionary-function exception applies; claims barred. |
| LHSEA-DA Good Samaritan preclusion of negligence | Louisiana law does not bar negligence for those who shelter disaster victims. | LHSEA-DA immunizes individuals in like fashion to Alabama/Mississippi statutes. | Negligence claims barred by Good Samaritan provision; affirmed. |
| Gross negligence claims and misrepresentation exception | Failure to publicize formaldehyde risk caused injuries; gross negligence not misrepresentation. | Claims fall under misrepresentation/omission-based FTCA exception. | Gross-negligence claims barred by misrepresentation exception; affirmed. |
| FTCA jurisdiction over negligent response to formaldehyde complaints | Federal sovereign immunity is waived for negligent response under FTCA. | State Good Samaritan and other immunities preclude liability. | Claims dismissed; affirmed. |
Key Cases Cited
- Freeman v. United States, 556 F.3d 326 (5th Cir.2009) (two-part discretionary-function inquiry)
- Berkovitz v. United States, 486 U.S. 531 (1988) (policy analysis element required)
- United States v. Gaubert, 499 U.S. 315 (1991) (policy-based discretionary decisions shielded)
- Life Partners Inc. v. United States, 650 F.3d 1026 (5th Cir.2011) (misrepresentation exception focusing on causation chain)
- Block v. Neal, 460 U.S. 289 (1983) (misrepresentation requires misinformation)
- In re FEMA Trailer Formaldehyde Prods. Liab. Litig., FEMA Trailer I, 668 F.3d 281 (5th Cir.2012) (affirmed dismissal under statutory immunities and discretionary-function analysis)
- St. Tammany Parish ex rel. Davis v. FEMA, 556 F.3d 307 (5th Cir.2009) (Stafford Act discretionary-function analogue)