Case updates


Updated Engagement:  Two Important Clarifications for the Clients. We have worked hard to provide fair and favorable terms for our clients. After our conversations with various clients, Co-Lead Counsel Irvine & Conner PLLC and Burns Charest LLP have updated our engagement letter to provide clarification on key issues impacting the client. The clarifications apply to all clients—those who have already signed or those who will sign with us.

First, the lawyers will not recover litigation expenses from the client’s recovery. This means that, based on our 25% fee, if a client recovers $200,000 in damages from the Government (in a settlement or at trial), then the client keeps $150,000. Under some other lawyers’ engagement letters, the clients cover the expenses of litigation (also, many other lawyers have a 33% or 40% fee). We have agreed to seek reimbursement of expenses from the Government through a different process. Our 25% fee, with our lawyers covering expenses, provide a significant advantage to our clients.

Second, our lawyers will not seek any fees out of a buy out the clients obtain, so long as the clients do not settle their litigation claims as part of the buy out. Again, most (if not all) other lawyers claim a right to fees from any buy out. So long as any buy out does not settle or release the litigation claims, Irvine & Conner PLLC and Burns Charest LLP will not claim any portion of the amount you receive from a buy out.

We have committed to providing all of these benefits to all clients. For existing clients, with a prior version of the engagement agreement, our personnel will coordinate getting updated paperwork to you. For new or prospective clients, contact us by email or through Facebook to obtain our engagement letter.

Town Hall Meeting: January 6 at 1:00 PM.

We will have another information session for clients and other upstream flood victims who want to learn more. We will discuss the status of the case and the plans for recovery and, of course, take questions.

We have had lots of questions about the class action. It is important for all clients and homeowners to understand that the class action is a procedural vehicle to handle thousands of claims. In a class action of this nature, clients receive the same treatment as in a non-class action: a client’s individual damages are assessed, and their claims will be processed just as timely. The Court is trying to manage the 10,000 (or more) upstream properties and is looking for a procedural vehicle to do so. Upstream, everyone flooded for the same reason: the properties are located within the design pool of the federal reservoirs. Thus, a class action for the government’s liability works well in this case. If you have questions about this, please bring them to the meeting. We are happy to explain and address any concerns.

The meeting will be on January 6, starting at 1:00 PM, at the Four Points by Sheraton Houston Energy Corridor, located at 18861 Katy Freeway, Houston, Texas 77094. Here is a link to the location. We will have signs at the lobby to direct you to the meeting location.

In addition, we have set up different places to get information and/or send us questions. Please feel free to access these resources and/or pass them (or even this email) along to your neighbors. Getting the word out about the case and our meetings will be a big help to us and all the affected upstream flood victims.

Please check out our page on Facebook for more information. And please like and share the page, so your friends and neighbors can get involved in the meetings and discussion as well. You can also get information on upstream flood victim issues through our Twitter feed.

As always, please feel free to call 713-533-1704 or 888-248-5215, or email or with any questions.