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Court affirms class-action lawsuit for former N.O. public school employees

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tonysam Donating Member (1000+ posts) Send PM | Profile | Ignore Mon Nov-16-09 02:26 PM
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Court affirms class-action lawsuit for former N.O. public school employees
Edited on Mon Nov-16-09 02:29 PM by tonysam
Eleven months after New Orleans Civil District Court Judge Ethel Simms-Julien certified a class-action lawsuit filed on behalf of more than 8,500 former employees of Orleans Parish Public Schools who were terminated after the State of Louisiana seized control of more than 100 public schools in the wake of Hurricane Katrina, the Louisiana Fourth Circuit Court of Appeal has affirmed the decision of the trial court. The three-judge panel was comprised of Judge Edwin A. Lombard, Judge Terri F. Love and Judge Paul A. Bonin.

"After reviewing the record before us, including the petitions, the arguments of the parties, the testimony at the certification hearing and the trial court's reasons for judgement, we find that there was a sufficient factual basis for the trial court to certify this class," Judge Lombard said Thursday.

The case began on October 28, 2005, just two months after Hurricane Katrina devastated New Orlans and the Gulf Coast when three employees filed a Petition for Injunctive Relief to prevent the Orleans Parish School Board from terminating their employment, claiming a violation of their state-mandated due process and property rights as certified and/or permanent public school employees. The initial plaintiffs included Eddy Loiver, a public school principal; Oscarlene Nixon, a paraprofessional/teacher's aide; and Mildred Goodwin, a custodian. The lawsuit was amended to include the State of Louisiana following the state's takeover of more than 100 New Orleans public schools effective November 30, 2005. Other "State defendants" include the Louisiana Department of Education and its Recovery School District, and the Louisiana State Board of Elementary and Secondary Education (BESE).

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Just another in a long line of battles waged by teachers and other school district employees...
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