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Attorneys seek class action in FEMA trailers suit

07:42 PM CDT on Tuesday, October 28, 2008

Associated Press

WWL-TV

(File Photo)

NEW ORLEANS -- Attorneys representing hurricane victims who lived in government-provided trailers that contained potentially hazardous fumes have asked a judge to combine the cases into a class-action lawsuit.

U.S. District Judge Kurt Engelhardt is presiding over a batch of cases filed on behalf of roughly 800 residents of Louisiana, Mississippi, Texas and Alabama who lived in trailers provided by the Federal Emergency Management Agency after hurricanes Katrina and Rita. Thousands of people lived in FEMA trailers after the 2005 storms.

Government tests on hundreds of occupied FEMA trailers found elevated levels of formaldehyde, a preservative commonly found in building materials that can cause breathing problems and is classified as a carcinogen.

The judge has agreed to hear arguments over whether the cases should be a class-action lawsuit Dec. 3.

In a court filing Friday, plaintiffs attorneys argued a class-action lawsuit would save time and money.

"It provides a unique vehicle for the fair and efficient disposition of common issues, regardless of outcome, and it safeguards the resources of the judicial system in litigation where thousands of claims arise from a catastrophic event," the lawyers wrote.

Two lawyers for the companies that made the trailers didn't immediately respond to messages left Tuesday, but the firms are expected to oppose the request. A message left after hours with a Justice Department lawyer was also not immediately returned.

The plaintiffs accuse trailer makers of using shoddy materials and methods to build tens of thousands of trailers and meet FEMA's unprecedented demand for emergency housing after the 2005 hurricanes.

Earlier this month, Engelhardt ruled the federal government isn't entitled to immunity from the lawsuits. The judge cited evidence that FEMA delayed investigating formaldehyde complaints because it might be held legally responsible.

(Copyright 2008 by The Associated Press. All Rights Reserved.)