A federal appeals court in New Orleans has upheld a judge’s ruling that dismissed an engineering firm from a lawsuit involving a Hurricane Katrina damage case.
David and Marilyn Aikens, of Pass Christian, Miss., appealed U.S. District Judge L.T. Senter Jr.’s ruling to dismis Rimkus Consulting Group Inc. as a defendant in the Aikens’ lawsuit over their damage claim filed after the 2005 storm.
Senter ruled that the Aikens failed to show that Rimkus, of Houston, Texas, acted with gross negligence or malice. In Tuesday’s ruling, the 5th U.S. Circuit Court of Appeals affirmed Senter’s decision.
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