Over the past several years, we have seen numerous natural disasters and witnessed FEMA’s response to the individuals harmed as a result. Here, you will have the opportunity to research FEMA (a federal administrative agency) and provide your educated opinion on how to challenge a claim denial.
Congress created an administrative agency, Federal Emergency Management Agency (FEMA), to help disaster victims. Mark’s house in Malibu was destroyed by torrential rains. He applied for assistance, but his application was rejected due to alleged assumption of risk: Mark should have known the risk of building a house in an area where hurricanes and rains were common.
Mark wants to sue the agency because it violated his rights. He visits your law firm seeking your attorney’s advice on the matter. Your attorney wants to discuss the case with you.
In your opinion what would be Mark’s claim? What arguments can Mark use?