City of New Orleans Press Releases

FOR IMMEDIATE RELEASE
November 3, 2009

STATEMENT FROM THE OFFICE OF THE CITY ATTORNEY

Today the jury in the Active Solutions L.L.C. v. Dell, Inc., Civil District Court No. 07-3665, Division "B" found against some of the defendants and awarded approximately $15.3 million. The most relevant finding today underscored a ruling by Judge Ledet earlier this month, that dismissed both Mayor C. Ray Nagin and Mark Kurt, former technology officer with qualified immunity. The Judge found that Mayor Nagin and Kurt acted within their duties to the City of New Orleans. What remains for the City is the Judge's final ruling on whether the City breached its contract with Southern Electronics, Inc., which is currently taken under advisement pending a post-trial memorandum from the City. The verdict actually awarded $16.3 million, but also found that the plaintiff, Southern Electronics, Inc., was comparatively at fault in the handling of the City's contract. The findings by the jury demonstrate that the City has no financial liability in this case - meaning the tax payers of this City also have no responsibility. The only assignment of fault dealt with a finding under Louisiana's Unfair Trade Practice Act, but that applies only to business competitors, which the City is not and therefore the assignment is meaningless. Bob Ellis Deputy City Attorney City of New Orleans
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CITY OF NEW ORLEANS Mayor’s Press Office 1300 Perdido Street, Suite 2E04 New Orleans, Louisiana 70112