Attorneys suing Jackson over lead in the city's drinking water say they’ll fight the city’s latest legal move, urging the U.S. Fifth Circuit Court of Appeals to let a recent 2-1 ruling in the plaintiff's favor stand rather than grant Jackson a rare en banc rehearing.
The dispute stems from a 2022 class-action lawsuit alleging Jackson allowed lead-contaminated water to flow into homes for years and misled residents about its safety. In November, a three-judge panel of the Fifth Circuit revived the case after a lower court dismissed it. The 2-1 majority found that residents had plausibly alleged a violation of their constitutional right to bodily integrity, allowing the lawsuit to move forward against the city.
But that ruling is now on hold because Jackson has asked all 17 active Fifth

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