UPDATE: This is somewhat more complicated than I have time to explain here at present, but who appealed from the Fifth Circuit decision were Xavier University and 68 plaintiffs who wanted to have a class action that was called Chehardy. Some other plaintiffs who had been consolidated in In Re Katrina Canal Breaches case did not appeal -- the Vanderbrook proposed class action plaintiffs and maybe there are some more who I've forgotten about. The plaintiffs had asked the Fifth Circuit to allow the Louisiana state courts to rule on the fl;ood exclusion issues in the case, the Fifth Circuit refused and that stood up with the Supreme Court's denial of cert. Incidentally, one of the cases in the Louisiana court system is Sher v. Lafayette, where a division of the Louisiana Court of Appe
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