SHIMON v. SEWERAGE & WATER BD. OF NEW ORLEANS

No. 07-30658.

565 F.3d 195 (2009)

Margaret M. SHIMON, etc.; et al., Plaintiffs, v. SEWERAGE & WATER BOARD OF NEW ORLEANS, Defendant-Third-Party Plaintiff-Appellant, v. Fidelity and Guaranty Insurance Company; Brown, Cunningham & Gannuch, Inc.; Continental Casualty Company; Schrenk & Peterson Consulting Engineers, Inc.; Security Insurance Company of Hartford; James Construction Group LLC, formerly known as Angelo Iafrate Construction LLC, Third-Party Defendants-Appellees. Angeles P. Blalock; et al., Plaintiffs, v. Sewerage & Water Board of New Orleans, Defendant-Third-Party Plaintiff-Appellant, v. James Construction Group LLC, formerly known as Angelo Iafrate Construction LLC; Brown, Cunningham & Gannuch, Inc.; Schrenk & Peterson Consulting Engineers, Inc.; Fidelity and Guaranty Insurance Company; Continental Casualty Company; Security Insurance Company of Hartford, Third-Party Defendants-Appellees. Ruth A. Smith, etc.; et al., Plaintiffs, v. Sewerage & Water Board of New Orleans, Defendant-Third-Party Plaintiff-Appellant, v. James Construction Group LLC, formerly known as Angelo Iafrate Construction LLC; Brown, Cunningham & Gannuch, Inc.; Schrenk & Peterson Consulting Engineers, Inc.; Fidelity and Guaranty Insurance Company; Continental Casualty Company; Security Insurance Company of Hartford, Defendants-Third-Party Defendants-Appellees. Myron W. Sheen, DDS; et al., Plaintiffs, v. Sewerage & Water Board of New Orleans, Defendant-Third-Party Plaintiff-Appellant, v. James Construction Group LLC; Brown, Cunningham and Gannuch, Inc.; Schrenk & Peterson Consulting Engineers, Inc.; Fidelity and Guaranty Insurance Company; Continental Casualty Company; Security Insurance Company of Hartford, Third-Party Defendants-Appellees.

United States Court of Appeals, Fifth Circuit.

April 8, 2009.


Attorney(s) appearing for the Case

James B. Irwin (argued), Douglas John Moore, David Wayne O'Quinn, Irwin, Fritchie, Urquhart & Moore, New Orleans, La, for Sewerage and Water Bd. of New Orleans.

Harry Joseph Phillips, Jr., Todd Sinclaire Manuel, Margaret Lynn Tooke (argued), Taylor, Porter, Brooks & Phillips, Baton Rouge, LA, for Fidelity Guar. Ins. Co.

David Joseph Bourgeois, Duplass, Zwain, Bourgeois, Pfister, Winstock, Metairie, LA, Joseph G. Gallagher, Jr. (argued), Hulse & Wanek, New Orleans, LA, for Brown, Cunningham & Gannuch, Inc.

Joseph G. Gallagher, Jr. (argued), Hulse & Wanek, New Orleans, La, for Continental Cas. Co.

Terrence L. Brennan, Keith Joseph Bergeron (argued), Deutsch, Kerrigan & Stiles, New Orleans, LA, for Schrenk & Peterson Consulting Engineers, Inc.

Herman C. Hoffman (argued), Betty Finley Mullin, Somin, Peragine, Smith & Redfearn, New Orleans, LA, for James Const. Group, LLC.

Before REAVLEY, BENAVIDES and OWEN, Circuit Judges.


OWEN, Circuit Judge:

The Sewerage & Water Board of New Orleans (SWB) appeals from the dismissal of its third-party claims on the basis of res judicata. We affirm.

I

These cases arise from a flood-control construction project in New Orleans called the "Southeastern Louisiana Urban Flood Control Project, Napoleon Avenue Covered Canal" (SELA). Although the SELA project included construction in several parishes...

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