Insurance Dispute Lawyer Blog

Yesterday afternoon, a New Orleans judge appointed Berniard Law Firm attorney Jeffrey Berniard to the steering committee for the class action lawsuit against Dow Hahnville case. The committee, including attorneys Madro Bandaries, Rico Alvendia, Gregory DiLeo and Jennifer Eagan will be in charge of and handle all of the major pretrial matters relating to the case. As such, our firm will be at the forefront of issues as they come up and will be looked to by the court to help focus the Plaintiff case.

If you have not already done so, go to our website at DowLeak.comfor more information about joining the class action or having your individual damages looked into by our legal staff.

The search for "a fix" continues as members of Congress solicit aid for their constituents buried under and suffering symptoms from the Chinese drywall in their homes. While litigation efforts may be nearer than what had been previously thought (check this blog tomorrow), homeowners may need help sooner than even that. As a result, Senators from various states have united to try to get help for these people in need.

The Senators, all Democrats, all come from Southern states in which homes were tainted by the Chinese drywall. In soliciting assistance from the White House, the members of Congress are working to exhaust all opportunities available to them in order to get change and relief for homeowners. The Virginia-Pilot reports

U.S. Sens. Mark Warner and Jim Webb of Virginia and other lawmakers sent letters this week to government agencies urging them to come to the aid of families and businesses hurt by tainted Chinese-made drywall.

In a letter dated Tuesday, the lawmakers encouraged the Small Business Administration to determine whether the agency has a role in helping home-owners and businesses affected by the drywall, which has been blamed for corroding pipes and air-conditioning coils and causing electronic appliances to fail.

"Families in our states are, in many cases, watching their dream homes turn into nightmares," the senators wrote. "As the Federal government determines the full size and scope of this disaster, we believe it is important to marshal all appropriate Federal resources that may assist these families."

The Small Business Administration offers loans to individuals and businesses to help repair or replace property damaged in a federally declared disaster.

Webb, along with Sens. Bill Nelson of Florida and Mary Landrieu of Louisiana, all Democrats, also sent a letter to the departments of Treasury and Housing and Urban Development asking the agencies to expand mortgage relief programs to include home-owners with Chinese-made drywall.

It will be interesting to see how the White House responds to this solicitation for help in a tough economic climate. Obviously putting the opportunity for them to do something is better than nothing at all. This blog will monitor and stay abreast of news as it happens and post what we find.

The head of the Consumer Product Safety Commission (CPSC) leaves today on a trip to Asia that will focus on notifying and warning major exporters that tough regulations regarding toys, drywall and other defective products are to come. These warnings come in the face of serious problems in American homes as toys painted with lead-based materials and Chinese drywall have led to major health concerns and a skeptical eye towards cheaply made products imported from the Far East.

The Miami Herald reports

Inez Tenenbaum, a former South Carolina public schools superintendent who was confirmed by the Senate last month to head the consumer agency, will spend nine days in Hong Kong, Singapore and Vietnam.

Tenenbaum will address foreign leaders in Singapore for the annual summit of APEC, a major trade group that coordinates commercial ties among the U.S., Canada, Russia and 18 Asian countries.

In dozens of meetings with government and business dignitaries from across the vast region, Tenenbaum planned to use Southern charm to deliver a key message: Her agency is aggressively enforcing consumer safety measures after years of funding cuts, staff reductions and commission vacancies under former President George W. Bush.

The government clamping down and tightening up regulations against imported goods is a very positive thing as lax restrictions have led to some very dangerous products making their way into the hands and homes of children. By placing warnings and perhaps toughening up to permit less accidents from recurring from problem nations or importers, the United States may hope to not see these horrible situations happen again.

In an article from Florida, homeowners are complaining that even when the Chinese drywall that was so toxic and harmful to their home and goods is removed, the smell and damaging fumes remain. Even after the faulty wallboard is taken out of the home, people are complaining that wires, coils and others materials are corroding and the sulfuric smell can still be found.

This is obviously a big problem as it means that either homes will have to be vacated for extended periods of time to allow the dissipation of the gas or that a new process will be necessary for removal that may end up being much more costly. In the end, the homeowner loses even more regardless.

WINK reports about one couple who, expecting a baby in the coming months, have had their world turned upside down by this tumultuous issue:

"We were really excited, then we found out we had a baby on the way, then even more excited," Waegenere said. "We spent two months painting his room, and well, then we found out we had this drywall issue."

So, the obvious thing to do was rip it out, and begin installing new wiring to replace the wiring that had corroded.

Four days later, that new copper was turning black.

A building inspector said even though the drywall was gone, the leftover sulfur fumes were still contaminating everything else in their home.

"You can almost think about it like second hand smoke," said Anthony Gimenez, owner of Professional Building Inspectors Services, Inc. "Once the smoker leaves the room, someone can walk into the room and still smell smoke, and the reason that is, is because that smoke has cross contaminated other components in the home."

More information will be posted as it becomes available, as always, on the Chinese drywall section of this blog.

New Orleans Saints head coach Sean Payton has Chinese drywall in his home. And he's suing. According to the Examiner, the football coach has had a significant uphill battle to face in decorating and operating in his home, something many people in the community can likely relate to. The article notes that Payton has filed suit and that his home requires repair but who to pursue is vauge.

In an interview with CNN, Payton said about the possibly tainted drywall from China, "We’ve had 5 computer failures, we're on our 4th hard drive right now. We had 13 air conditioner service calls and three different coil failures. We're on our third microwave oven panel, we’ve had to install a second set of phone lines, and a second alarm system."

This just shows Chinese drywall is affecting everyone, not just one demographic, and that action must be taken for results. For more information, check out the Chinese drywall section of this blog.

An article was recently published online that points out the difficulties homeowners with Chinese drywall face because of the dearth of information and policy to attack the faulty wallboard with. While Louisiana law does provide some manners in which litigation may move forward, there is not as much there as there could be. Previous legislation efforts proposed recently would have aided this matter.

A summation of legal angles on the matter include various different manners in which the law may be used but would require a skilled lawyer with the right case and information:

Right now, according to the Business Report, Louisiana homeowners can sue for defective drywall under the state’s Home Warranty Act. But under that law, there’s strict timetable for what is covered under warranty based on when the lawsuit is filed and when the home was built. If drywall problems were not immediately identifiable shortly after a house was built, that avenue of relief could be closed to them, the Business Report said.

Homeowners might also have recourse under the Louisiana Products Liability Act. But under that law, homeowners must be able to prove a strong scientific basis for their claim that a product is defective, the Business Report said. That generally means hiring experts and conducting tests to prove the drywall was defective.

A federal or state law that assumed the burden of proof would eliminate that need. As we reported earlier this year, such a law was proposed in Louisiana by state Sen. Julie Quinn, a Metairie Republican. The proposed law would have allowed homeowners to sue for 100 percent of their damages, plus attorneys fees from either the manufacturer, distributor, or seller of the contaminated drywall. Critics had claimed that the litigation allowed under the proposal could bankrupt some businesses. Others asserted that it isn’t fair to sue those companies who didn’t know the materials they purchased from China were toxic. The measure was eventually dropped.

It is important that, should you believe Chinese drywall is in your home, homeowners take action to jump as quickly as possible on the matter and move forward in collecting information and contacting the builders/contractors involved, as well as a medical professional. By being on top of the matter and not letting anything slip through the cracks, homeowners can give themselves their best chances of seeing a positive outcome from this matter.

In an article that further outlines why a lawyer is necessary for settling Chinese drywall matters, the Business Report recently outlined Louisiana's battle against the faulty wallboard and the complex legal issues surrounding liability. Given that the product is imported and suppliers and contractors will claim to have been unaware as to its faultiness or toxic state, getting a resolution may be nearly impossible for most homeowners:

It’s unclear how many Louisiana residents have been affected by Chinese drywall, says Ray Kothe of Kothe Contracting and Construction Management and chairman of the National Association of Builders Chinese Drywall Taskforce. He had heard from a handful of Baton Rouge residents, but most homeowners that have been affected are in New Orleans and on the Northshore of Lake Pontchartrain.

But Louisiana homeowners with Chinese drywall might have problems proving their case without a federal- or state-sponsored measure to assume burden of proof, says David Nelson, a partner with Kean Miller who specializes in construction litigation. One such measure, authored by Sen. Julie Quinn, a Metairie Republican, and dropped during the legislative session, would have allowed homeowners to sue builders, suppliers and manufacturers for any damages related to Chinese drywall, including both replacement of drywall in the home and health-care issues that might develop.

“From a practical standpoint, the ability to prove those things in the absence of this bill is much more harmful because I then have the burden of proving that this sheetrock you have sold me is in fact defective,” Nelson says. “The difference this law makes is that’s already been met. I don’t have to go out and hire experts to prove your product is defective.”

This article, available in full here, further demonstrates how residents of the Gulf Coast must continue contacting their representatives to get legislation necessary for a financial resolution to be passed in order for people to have their homes fixed. It also further outlines how necessary an attorney is to get these companies to pay for the flawed product they put in peoples homes.

In a more lighthearted series of news relating to Chinese drywall, video game and entertainment system fans have recently been blogging about the possibility that the faulty imported wallboard could be frying the Xbox. Recent Consumer Product Safety Commission warnings have included the following list of tell-tale signs your home is Chinese drywall built:

persistent rotten egg odor

respiratory or other symptoms alleviated by leaving a building and worsened on return

blackened and corroded metal, including copper, nickel, silver and/or stainless steel

premature failures of central air-conditioning evaporator coils

blinking lights or power failures

arcing or sparking

intermittent operation or failure of appliances such as refrigerators and dishwashers and electronic devices such as televisions, computers and video-game systems

While no clear-cut evidence is available that Xboxes are being slain by the dozens by this hazardous product, the response has been considerable as worried gamers begin to fear their perfect 2010 NCAA Football Dynasty season may be cut short by what lies within the walls...

And as always, if you fear your home may contain Chinese drywall, check out the CSPC website, located here, or contact an attorney to find out the proper steps to handling what is a serious issue.

A quick little bit of news via the Naples News and the Wall Street Journal

Financially strapped homebuilder WCI Communities Inc. has agreed to create a trust fund to cover Chinese drywall claims.

The agreement is spelled out in a disclosure statement approved by a U.S. bankruptcy judge in Delaware on Friday. The approval paves the way for WCI to proceed with its reorganization plan.

Now, WCI, headquartered in Bonita Springs, can begin seeking acceptance votes from its lenders and other creditors for the plan, which would enable it to emerge from Chapter 11 bankruptcy.

The deadline to vote on the plan is Aug. 19. A hearing to confirm it is scheduled for Aug. 26.

This is good news.

The Hahnville chemical leak that took place at the Dow Chemical plant is a story that has been getting a lot of traction in New Orleans, throughout the state and even nationally. As residents were exposed to an unknown amount of the dangerous gas without even knowing it, answers are being demanded and true responses should be coming from the company. The state of Louisiana is showing initiative in investigating Dow Chemical for their part in the leak of ethyl acrylate from a tank into the air, thereafter affecting countless people in the Southeastern Louisiana area. The Times-Picayune reports

A state Department of Environmental Quality official said Monday that an investigator has been at .Dow Chemical's Hahnville plantnearly every day to investigate the cause of the the July 7 leak of ethyl acrylate fumes that irritated the noses eyes and throats of residents for miles around.

"He's meeting with Dow people and asking some very tough questions about what happened, how it happened and how can we prevent it from happening again," said Mike Alegro, manager of the DEQ's southeast regional office, Monday afternoon.

The remarks came after an environmental watchdog group is charging that state DEQ officials allowed a problem with three previous leaks of the chemical, starting in October and ending June 15.

"These reports provide further information that Dow has had an ongoing problem with ethyl acrylate and apparently with this tank, and that the Department of Environmental Quality has known about it" said Randy Caruso, a Spatial Analyst for the Bucket Brigade.

"Both Dow and DEQ have failed to take the appropriate steps to get to the root of the problem and protect the public."

State officials said the July 7 release was well below the toxic threshold of 25 parts per million over an eight-hour period.

Hopefully with state action in full force, answers will begin to come forward on how many of these incidences have been happening without Dow disclosing them and just how safe Louisiana is from companies that produce such hazardous chemicals. More information as it becomes available will be posted at DowLeak.com and this blog.

This morning's Times-Picayune released a highly important timeline for the Dow chemical leak on July 7th in Hahnville, as well as provides insight into just how inattentive Dow may have been to the matter at the point of the leak and hours after. The article reports

The EOC's telephone log from the early hours of that morning shows parish personnel wrestling with the decision of whether and where to close off River Road in Hahnville as Dow employees attempted to dampen the fumes.

The parish got the first indication that something was amiss at 3:57 a.m., when an employee at the Shell Chemical plant in Norco, across the Mississippi River, called the EOC and said he smelled an acrylic odor, but that no alarms had sounded at his plant.

Dow personnel initially said they didn't smell the sharp acrylic odor that began wafting over the river toward Norco, but started to look into it.

They later found a fire alarm sounding in a tank holding ethyl acrylate that apparently had begun heating in a chemical reaction that led to the release.

By 4:56 a.m. Dow told the parish that it had the situation under control and was pumping water onto the tank.

But by 6 a.m., residents from Hahnville and New Sarpy were calling the emergency operations center about strong odors that were irritating their eyes.

In addition, the piece notes people are still being affected by the leak physically. It is advised that anyone experiencing health problems contact a health professional immediately. For those involved, we also recommend you looking into DowLeak.com for more information as it becomes available.

A company located in Canada has connected with a Florida testing facility and has claimed to build a machine that reportedly reduced the dangerous gas levels emitted by Chinese drywall by "up to 85 percent."

According to Canada.com, a carbon filter unit has been constructed that limits hydrogen sulfide levels in homes built with faulty Chinese drywall. Allen Air president Sam Teitelbaum states "We developed a carbon filter unit specifically to reduce the hydrogen sulfide (that has been found to leach from the drywall... In a 24-hour test, there was an 85-per-cent reduction."

The article further details the matter involving Chinese drywall and the path being taken to combat it:

Aller Air was contacted a few months ago by Mulholland, whose Florida-based U.S. Building Consultants Inc. has a government-accredited testing facility that can determine toxic-drywall problems.

It was there a pair of Aller Air systems - a modified model of its industrial RSU carbon filter machine for large surfaces and the RAP-H2S for smaller residential areas - were successfully tested.

As a result of those findings, Mulholland has ordered 25 more units to test on affected homes in the Sunshine State.

His laboratory analysis of the drywall found 11 sulphur compounds and contaminants to which prolonged exposure may cause serious problems to the nervous system.

Some of the serious health conditions and illnesses attributed to those sulphide gases include shortness of breath, dizziness, headaches, fatigue, insomnia, eye irritations and respiratory difficulties.

While hardly THE solution for this matter, it is good that the problem has attracted enough attention for temporary projects to be developed to combat it. Until the drywall is removed and homeowners are helped in whatever manner the judiciary decides, no true solution has been found.

State Farm is looking to raise the rates of homeowners insurance in the state of Texas, appealing to the Department of Insurance for an increase up to 8.5%. The Lufkin Daily News reports

Insurance giant State Farm Lloyds filed with the Texas Department of Insurance on July 15 to increase its homeowners' insurance rates in Texas by an average of 8.5 percent starting on Oct. 1 for existing customers upon renewal and Sept. 1 for new customers. Angelina County's increase is below the state average at 5.7 percent. State Farm noted that 350,000 of its 1.2 million customers will see no change or a decrease in their rates as a result of the filing.

"We've seen major insurance carriers Allstate and Farmers raise their rates and now State Farm is completing the rate hike trifecta," said N. Alex Winslow, executive director of Texas Watch, a consumer rights group based in Austin.

State Farm Lloyds called 2008 "the worst catastrophic loss year in Texas history" with hurricanes Dolly, Ike and numerous spring hail storms across the state. The result: claims totaling $1.4 billion. Through May of 2009, State Farm paid $572.8 million in weather-related claims, already ranking 2009 second only to 2008 as the most costly of the last five claim years even prior to the start of hurricane season, the company said in a press release.

Texas residents can do little but wait and see as the state decides just how much State Farm can expect from policy holders that have lost a lot of their own money as well in these storms. Check back on this blog as time elapses to see what develops.

Quick blurb on an article The Herald Tribune did on possible tax benefits for those who suffered as a result of Chinese drywall installed in their homes

The Internal Revenue Service says that victims of Chinese drywall might qualify for a casualty loss on their taxes because of the corrosion on pipes, air-conditioning and electrical appliances caused by gases released from the materials.

Section 165 of the IRS Code allows a casualty loss deduction in some circumstances, wrote George J. Blaine, the IRS's associate chief counsel, in response to a letter from three U.S. senators, including Florida Democrat Bill Nelson, and a Virginia congressman.

Casualty losses are those suffered as a result of an unexpected event such as a fire, storm or theft.

If this proves true, it would be a great assist to those who have faced hardship because of this faulty wallboard being brought into the country.

Dow-Hahnville's chemical leak may be a returning reality for residents of Southeast Louisiana with bad weather looming. As the 10-day forecast shows thunderstorms in the New Orleans area's future, area officials are warning the smell associated with last Tuesday's chemical leak by the Dow company may return. Per the Times-Picayune,

Stormy weather passing through St. Charles Parish may increase odors from the Dow Chemical ethyl acrylate tank, parish officials said in an recent e-mail alert to residents.

Dow is taking continuing actions to suppress these odors, but residents should call the parish Emergency Operations Center at 985.783.5050 to report an odor.

While this seems unhappy enough news already, a press conference yesterday revealed the Dow chemical leak may be bigger, and more severe, of a problem than first thought. A local activist group brought to the media's attention that leaks have been occurring over several months at the Hahnville plant and leaves a lot for Dow to answer for. Within the same Times-Picayune article is the following

The Louisiana Bucket Brigade said citizens need to be aware of how much of the chemical, which can cause eye, nose and throat irritation, was in the air during the early hours of the incident, which began sometime around 4 a.m. on July 7.

"Dow has tried to play down this release by calling it a bad odor," said Anna Hrybyk, the organization's program manager. "The facts show that people were treated at the hospital because of this accident and that Dow has a serious, ongoing problem with this chemical."

The group held a press conference in St. Charles Parish at the West Bank Bridge Park in Luling earlier today to discuss the incident.

In addition to last week's incident, the company reported airborne releases of fumes from the chemical on Oct. 20, 2008, April 22, 2009, and July 2, 2009, Hrybyk said, citing the organization's inspection of Department of Environmental Quality records.

This mess just keeps getting worse. As always, this blog can be considered a source for news and updates on the matter as they become available so feel free to Bookmark the site for future reference.

Just a quick news blurb regarding Louisiana's positive choice to enact law Tuesday permitting emergency efforts to not be hampered by certification requirements in the event of a disaster. The new law will permit doctors and other medical workers to come from all across the nation to help in the event facilities are understaffed or overtaxed after such an event as a hurricane, etc. The Times-Picayune has more

With Gov. Bobby Jindal's signature, Louisiana has become the 10th state to enact a law that makes it easier for medical workers to cross state lines to provide help after a disaster.

The Uniform Emergency Volunteer Health Practitioners Act provides interstate recognition of licenses held by medical professionals who volunteer during emergencies, helping to ensure more organized and available medical support, advocates say.

Approved recently by the Legislature, the act allows Louisiana to receive assistance from medical professionals from nine other states. Medical workers from Louisiana could, in turn, assist with care during emergencies in the other listed states.

Professionals covered by the act, including doctors, nurses and mental health counselors, would be legally certified to help during a disaster -- and their exposure to potential lawsuits would be sharply limited. They would be required to sign up with the interstate compact in advance.

Altogether a great effort to make sure the citizens of Louisiana are getting the help they need in the wake of a disaster

The Times-Picayune breaks the following, which details that Dow's Hahnville leak a week ago was not only a surprise incident to the company but, instead, one of a series of leaks that very well may have been avoided. In an article posted on NOLA.com, the Times-Picayune writes

An environmental watchdog group says foul-smelling ethyl acrylate fumes escaped from Dow Chemical's Hahnville plant twice before the July 7 release that sent the odor over much of the New Orleans area.

The Louisiana Bucket Brigade will hold a news conference at 9 a.m. to discuss its findings that fumes from the plant have escaped three times since October including last week's event.

The organization claims the company downplayed the effects of the release which irritated the noses and eyes of many residents in the area.

Company officials said fumes from the storage tank containing the chemical were not life-threatening.

Ethyl acrylate is used in the manufacture of plastics and resins.

As more information becomes available, it will be posted on this blog. Obviously this news conference, which is taking place right now, will shed more light on Dow's practices in the Southeastern Louisiana area.

As the National Flood Insurance Program is set to expire in the middle of hurricane season, several legislators have taken measures to extend its coverage into March of next year in order to circumvent the impending end of the program.

House Financial Services Housing Subcommittee Chairwoman Rep. Maxine Waters (D-CA) and Committee Chairman Rep. Barney Frank (D-MA) have introduced new legislation to authorize the National Flood Insurance Program (NFIP) through March 31, 2010. The current program is due to expire at the end of September 2009 unless Congress acts to extend it.

In addition, Reps. Waters and Frank announced their intention to draft a new bi-partisan measure to reform the NFIP. The updated legislation would incorporate important NFIP reforms previously approved by the House in 2007 and consider new studies and information not available when the Committee last reviewed the NFIP. Frank and Waters also plan to engage the Obama Administration and FEMA officials, and they invite recommendations for the reform legislation from all interested parties.

To better understand just what the NFIP covers, check out this site, which features a diagram of all the areas covered by this important federal program. Such an extension, however temporary, is extremely important in order to prevent coverage from expiring right when some may need it.

In promising developments for the Chinese drywall issue, Lennar Corp., which has had numerous complaints filed against it for the faulty wallboard it had been using in construction efforts, has made steps to fix the problem for its customers. Setting aside money while confirming complaints allows progress to be made. The Wall Street Journal reports

Lennar Corp. has identified about 400 homes in Florida that have confirmed problems with defective Chinese drywall and has set aside $39.8 million to repair the homes, the Miami-based home builder said in a securities filing Friday.

The figures are as of May 31, Lennar said.

Complaints about odors and corrosion blamed on defective drywall have been increasing for months. The U.S. Consumer Product Safety Commission, or CSPC, said in a letter to four U.S. Senators earlier this week that it has received more than 600 complaints relating to this drywall issue from 21 states and the District of Columbia. Most of the reports are from Florida, Louisiana and Virginia.

Lennar and some other builders have been forced to gut homes, mostly built in 2006 and 2007, to replace drywall, wiring and other fixtures.

Actions taken by Lennar are very promising and hopefully will lead to further assistance for those affected by this issue.

Buried under the news of Dow's chemical leak and cleanup and more people being hospitalized for demonstrating symptoms of exposure to ethyl acrylate, WDSU reports MORE chemical vapors were released during cleanup. Pockets of the ethyl acrylate were again released, adding to the existing smell blanketing parts of St. Charles Parish. In their report on the cleanup taking place at the Dow-Hahnville plant, WDSU mentions

Workers at the plant have been trying since Tuesday to neutralize the chemical and move it to sealed containers. It was during that process that more was released.

"This morning what happened is some of these small amounts of EA that are let out that did not neutralize became exposed to the environment," said Rodney Mallet, of the Department of Environmental Quality.

Officials at the plant said the process could play out for several more days, but no one would commit to a timeline.

To say this is unacceptable is an understatement as it still is unclear just how much damage is done through exposure to this hazardous chemical. More news will be released, surely, as the week goes on.

In further developments regarding the Hahnville chemical leak by Dow Chemical, the tank responsible for releasing unknown amounts of hazardous chemicals into the air has been drained by the company. The Times-Picayune's article on the issue has two interesting points worth noting:

"One drop of [ethyl acrylate] would send everybody running from this room," company spokesman Tommy Faucheux told reporters at a news conference Thursday.

This point is odd because just as Dow keeps insisting no major damage has occurred, their spokesman speaks candidly on just how offensive and harmful the chemical could be in the form of a mere drop.

The second item worth noting is

Parish and company officials say nearby residents may still occasionally get a whiff of the chemical, which is being moved into tank cars to be treated at the company's on-site waste disposal facilities.

Again, this outlines just how harmful and residual the chemicals appear to be, while everyone claims there's nothing to worry about. Not everything seems to add up on the issue but this blog will continue to keep up to date on developments.

Dow has now begun publicly discussing the chemical leak that occurred Tuesday and caused a number of physical ailments throughout the Southeast Louisiana and Metro New Orleans area. In an article by the Times-Picayune, the company takes measures to do damage control and downplay the harm and danger caused by this avoidable incident

Dow Chemical plant spokesman Tommy Faucheux said that "minute pockets" of ethyl acrylate left in a storage tank continue to react and send bursts of the pungent odor into the air in St. Charles Parish.

"It could be days before the air clears completely, he said during a press conference on Thursday at the parish courthouse in Hahnville.

"A reaction in the tank caused it (chemical) to start venting through a seam in the tank, " leading to the smell that resurfaced Thursday and spread to several communities across the parish, Faucheux said.

This blog will be updated as more information becomes available.

The Chinese drywall issue has surely frustrated many in the Gulf Coast region. With rotten egg, sulfuric smells filling many newly built or renovated homes, homeowners are forced to flee or put up with a very problematic issue that no person should have to handle. The lawsuits regarding this issue have been both understandable and uphill as just who is responsible has been a difficult matter. While trying to stay optimistic, the Miami Herald recently outlined the difficulties in which plaintiffs and their clients face trying to pursue damages from overseas manufacturers for their faulty products.

Chinese manufacturers made more than half of the goods that the U.S. Consumer Product Safety Commission recalled last year, but few of them paid any price for producing defective wares.

The long list of faulty products included Chinese-made highchairs whose seat backs failed, steam cleaners that burned their users, bikes whose front-wheel forks broke, saunas that overheated, illuminated exit signs that stopped working when commercial power failed, dune buggies whose seat belts broke on impact and coffee makers that overheated and started fires.

It also included loosely knotted soccer goal nets that entrapped and strangled a child and a toy chest whose poorly supported lid fell on a toddler's neck and killed him, according to CPSC filings.

The difficulty in recovering damages is a lesson that U.S. homeowners who are stuck with defective and possibly toxic Chinese drywall are likely to learn in the coming months. Builders installed the drywall in 2004 and 2005 when the home building boom outstripped U.S. drywall supplies. The CPSC and the Environmental Protection Agency are investigating the consequences.

While everyone involved is likely to be sued -- installers, contractors, distributors, importers and Chinese manufacturers -- the last are the hardest to reach by far.

This should not be seen as a condemnation of future litigatory pursuits but, rather, a dose of realism that a suit may face difficulty. While some may see this is as an open and shut case of poor business actions, the international factor and various mitigatory matters involved may indeed cause problems.

The Berniard Law Firm has been closely following this issue. While difficulties may arise, this blog will work hard to show both sides of the matter and inform anyone of the complexities involved and the rights that do, in fact, exist for those looking for compensation for the harms they have faced. Bookmark this blog using your respective browser or frequently check in for more information on this issue as it becomes available.

In response to the recent chemical leak in Hahnville, Louisiana, by Dow Chemical, the Berniard Law Firm has filed a Class Action complaint on behalf of residents of Southeast Louisiana affected by the leak of dangerous chemicals that occurred on July 7th.

Representing all individuals affected physically, be it through headache, dizziness, nausea, burning of the eyes or other ailments, the class action looks to require Dow to take responsibility for the release of ethyl acrylate into the air from its St. Charles Parish plant. The actions the plant has taken in addressing the public's risk to harm and the closing of River Road in parts demonstrates that an active and dangerous agent was released by Dow and the company bears responsibility for the harms this leak has caused.

According to the Occupational Safety and Health Administration, ethyl acrylate is a strong irritant of the eyes, skin, mucous membranes, respiratory system and gastrointestinal tract in humans. As there is no way of knowing the level of ethyl acrylate Dow has exposed the Greater New Orleans area to on the morning of July 7th, action was necessary so as to demand accountability.

Members of the class have been determined to be any persons throughout Louisiana who were exposed to a release of any chemical by Dow on or around July 7th and said release caused to that person injuries, emotional distress, loss of income or the loss of the beneficial use, enjoyment, and exclusive possession of their property, or any other damages that may have been suffered.

For more information, contact the Berniard Law Firm at 504-527-6225 or visit our website at LAClaim.com

The Dow Chemical Plant in Hahnville experienced a chemical spill on Tuesday, leading residents of Southeast Louisiana to experience a myriad of physical ailments while nearby residents were forced from their homes.

Per a NOLA.com article, the spill/leak involved ethyl acrylate, "a chemical used in the manufacture of a wide variety of household and cleaning products." The leak led to a horrific smell that carried all the way into the downtown/metro area as winds and storms carried across the state. According to reports, the plant was notified of the leak around 6 a.m. Tuesday morning and employees and cleanup crews worked through the night to control the matter. However, nearby residents are still unable to return to their homes.

The article further profiles concerns relating to the leak

St. Charles Parish authorities did not say what those safety concerns were, but officials say the chemical can cause nose and throat irritation, nausea or headaches.

Plant and parish officials have not said how much ethyl acrylate leaked after a vent on the 640,000-gallon tank apparently malfunctioned.

"We were getting calls from as far away as St. Bernard Parish," said Anne Rolfes, executive director of The Louisiana Bucket Brigade, an environmental watchdog group.

The leak resulted when "the structure of the tank became an issue," according to a Dow news release.

WWL TV reports today that "as of [this morning], Dow officials said they are still working to neutralize the chemical." The article also features a helpful way for New Orleans, Hahnville and other area residents to keep informed on updates regarding this story:

Scott Whelchel, director of Emergency Preparedness for St. Charles Parish, said they have several ways of informing St. Charles Parish residents when they are notified of an alert: they post the information on their website, www.stcharlesparish-la.gov; they post updates on twitter at www.twitter.com/stcharles.gov; they broadcast the information on 1370 AM, the local AM radio station, and they also post the information on the St. Charles Parish government access channel, which is channel 6 on television stations in St. Charles Parish.

One thing very important to note

Parish officials say if the odor is stronger in your home than outside, you should air out your home by using fans to push the odor out. You also can set your air conditioner to stop pulling in air from the outside.

Attorneys at the Berniard Law Firm are still investigating the matter. This blog will follow updates as they become available.

In the wake of Hurricane Katrina, hundreds of services and plans were either indefinitely delayed or removed altogether as the city worked to rebuild and reestablish. One of those discontinued normalcies of New Orleans life included international flight service from Louis Armstrong International Airport. That changes today.

In an article written by the Associated Press, the service provides a pleasant story to remind Gulf Coast residents that New Orleans continues to bring back some of its pre-Katrina traits details how flights from MSY to Mexico are returning. Starting today, AeroMexico's will be establishing a route to Mexico City.

The AP reports

AeroMexico will use 50-seat jets to connect the two cities six days per week. Service will continue from Mexico City to San Pedro Sula, Honduras. Airline officials said the two-hour flight will allow business travelers to go back and forth between New Orleans and Mexico City in the same day.

"There's a market for people from this region to go to Mexico to do business, to visit, for tourism and that there's a lot of interest in Mexico, in knowing New Orleans again," said Sal Figueroa, the head of international relations for the economic development group GNO Inc.

Frank Galan, AeroMexico's North American division vice president, said the New Orleans-to-Mexico City service is an important expansion for the company.

"We started discussions on this over a year ago," he said. "So, it's taken a lot of work, a lot of hard work, to ensure this happens. There is a huge customer base of Mexicans and Latin Americans."

While not earth shattering news, it's good to see businesses putting faith in the New Orleans market, as well as reestablishing the city as a travel hub for residents as well as those who put be making their way through but stay for a night or more.

The NOLA.com recently ran a synopsis on Chinese Drywall and the various developments that have come from this very complicated issue, including discussion of a conference held in New Orleans on the issue.

A summary

Amid the welter of questions about tainted Chinese drywall, from the exact source of the product's defect to how to address it, one thing is clear: the litigation the drywall has spawned is going to be complex, expensive and time-consuming.

Consumers have filed scores of suits against builders, suppliers, importers and manufacturers, some of whom have tried to pass the blame with lawsuits of their own. The cases run though state and federal courts, they cross international borders and they turn on questions of science that are not yet settled.

At a litigation conference held Thursday in New Orleans, attorneys from around the country discussed strategies for bringing or defending the drywall suits and the various challenges inherent in the litigation. For one, suits filed against the drywall manufacturers must be translated into one or more foreign languages.

The Berniard Law Firm is on top of this issue and if you have more questions on the wallboard problem, feel free to contact our attorneys for more information or check out our blog section dedicated on the topic, located here.

The National Oceanic and Atmospheric Administration, a governmental agency focused on monitoring the ocean and atmosphere throughout the year, has released its 2009 figures for what it expects to see this hurricane season:

While this might not seem like much, it is a more positive outlook than we saw last year. In last year's predictions, there was a 65% prediction of more hurricanes than normal, as compared to 25% this year. As such, the Gulf Coast region may get a calm this season which would be a very welcome reality given the past decade and the amount of devastating storms that came through recently.

For tips on how to prepare for hurricane season, check out our section on hurricane and storm tips found here.

We hope each and every one of you is enjoying an enjoyable Independence Day. Enjoy your barbeque and relaxation on this very important national holiday!

Catching up on June happenings, it is important for those individuals affected by Hurricane Katrina to know that the timeline in which they may file for claims involving damage from the epic storm has been reset.

From NOLA.com

The class action allegations against insurers in the consolidated levee breach litigation have been dismissed, restarting the clock for anyone who is dissatisfied with the results of their Katrina claim and allowing them to file a lawsuit against their insurer nearly four years after the storm.

Home and business owners and renters had two years to file lawsuits against insurers over claim disputes after the Aug. 29, 2005, storm. Class action lawsuit filings stop the legal clock by covering the rights of all potential members of a class, but if that petition fails to get certified as a class or individual defendants get cut from the proceedings, plaintiffs' individual legal rights to pursue similar claims are restored.

On Tuesday (June 16), U.S. District Court Judge Stanwood R. Duval Jr. granted a request by insurers to be severed from the Katrina Canal Breaches Consolidated Litigation, saying that disputes against insurers were individual, and not suitable to be handled as part of a class action.

It is important for Louisiana homeowners to work immediately to look for legal action should they not have already and hold insurers responsible in the event their homes were damaged. Late answers to policy claims and frivolous delays or demands should
be answered by demanding the rights promised to them by the country's judicial system and contacting an attorney should working through their agent be stonewalled is the most definitive and proper action.

The U.S. Consumer Product Safety Commission, the overarching body responsible for product reliability and keeping dangerous products out of the country, is the governmental source to make claims to regarding Chinese drywall. While the CPSC has not been able to find a definitive way in which home or property owners can know if their drywall is the same faulty product imported by China, there are several telltale signs. Physical symptoms of exposure to Chinese drywall include:

Physical signs of Chinese drywall in the home include

The commission is currently investigating the claims and is looking into what direct health symptoms can be attributed to the faulty wallboard, the possible damage it can cause to metal and the risk of fire hazard and to record and report how the product got into homes and businesses and where it comes from.

If you encounter any of these health problems or believe you have Chinese drywall in your home, the government recommends scheduling an appointment with your doctor. Consult your builder or contractor to find out what supplies were used. To register a complaint with the commission, go to www.cpsc.gov/cgibin/incident.aspx or call them at 1-800-638-2772.

As a heartening sign that lessons of the past have been learned, one city's government has published a hurricane preparedness guide that is a solid tool for anyone in the Gulf Coast region to utilize.

Available off of their website, the City of Boynton Beach has published a PDF that walks users through how to be best prepared in the event of a storm. As they put it

The best way to cope with a hurricane is to prepare a plan in advance. The 2009 Hurricane Preparedness Guide is a compilation of the best advice from experts at the City of Boynton Beach, the American Red Cross, the Federal Emergency Management Agency (FEMA) and other knowledgeable sources. It was written specifically for residents of Boynton Beach and contains important telephone numbers and locations of Publix stores and gasoline service stations with generators

While it is true some items are specific to their city, the PDF as a whole is a wealth of information on preparation, information and common traits of shelters and other governmental actions which cross city and state borders in terms of policy. The guide may be downloaded off of their website or by clicking here