Insurance Dispute Lawyer Blog

According to Baton Rouge's Advocate, the chemical fire earlier reported is currently under control by the roughly 100 firefighters on the scene. Firefighters from Ascension Parish, East Baton Rouge Parish and others responded promptly to the incident and represent the multi-Parish effort being undertaken to combat the giant blaze.

Photo courtesy of The Advocate

The blaze, reportedly visible from as far away as Baton Rouge, was caused by a fire that sprang up within a chemical factory located in Denham Springs. Flames are reported to have risen as high as 30 or more feet into the air even after some three hours and the fire, for the most part, dying down. The fire was fueled by some of the man 55-gallon drums of chemicals being stored at the facility.

The Department of Environmental Quality in both New Orleans and Lafayette were on standby in vase they were needed. Coco Resources, the facility the fire occurred at, stored a number of chemicals in the factory and remixes recycled chemical materials and sells them to customers. These products include general chemicals, oilfield soaps, and oil and fuel additives.

According to Jeffrey Meyers, division administrator of the Emergency and Radiological Services Division, the variety of chemicals produced at the Coco facility makes air monitoring difficult to conduct.

Per the aforementioned article, the facility has had its share of attention from regulators

However, Simms [DEQ environmental inspection agent] noted in the narrative portion of the inspection report that the facility had been the subject of several enforcement actions in the past but had not been considered a “generator of hazardous waste” by DEQ

These incidences date back as far as 1996 and include two incidences in October of 2001 when odors were detected emanating from a warehouse and led to subsequent DEQ violations.

As of this time, more than 100 people have been evacuated from the area, while no injuries have been reported. The article quotes Perry Rushing, chief of operations for the Livingston Parish Sheriff's Office, as saying

People living and working in a half-mile radius around the fire had been evacuated. "You basically look at where the fire is on Eden Church Road and the railroad tracks and then make a half-mile radius around it and that’s what we’re evacuating," he said.

One item of note comes from State Fire Marshal Butch Browning, who describes the Coco Resources facility as possessing a "high inventory of petroleum distillates."

While this incident is still being handled, more information will be posted to this blog as it becomes available. In the meantime, the Berniard Law Firm has experience in chemical leaks and is aggressively pursuing a class action against Dow for the leak in Hahnville in June of 2009. With hundreds of clients represented in the aforementioned class action, our firm is willing to discuss the legal rights of anyone affected in this recent incident.

A huge fire has broken out in Denham Springs at a chemical warehouse. 200 people have been evacuated and approximately 100 firefighters are reportedly on the scene combatting the inferno.

The explosion, occurring around 2 p.m. alarmed the local community. Visible from over 20 miles away, even as far as Baton Rouge, firefighters hope to contain the blaze.

More information will be provided as it becomes available.

Our firm has expanded to include a personal injury-specific blog to cover a variety of issues Louisiana residents may face in their lives. It is our hope this blog will be a helpful guide for those curious on the issues or looking for more information should they be unfortunately facing one of the variety of problems discussed.

To check out the blog, go to LouisianaPersonalInjuryLawyerBlog.com or click here.

The first bellwether case for Chinese drywall litigation began yesterday. The case is important because of the potential precedent for culpability it will establish for Chinese manufacturers and importers over the faulty wallboard brought into the country in the wake of a variety of hurricanes and home development. While more than 2,000 families have claims pending on this issue, the effects may even be more far-reaching.

News Inferno reports

The first bellwether trial names Knauf Gips and Knauf Plasterboard Tianjin Co. as lead defendants. The lawsuit was filed on behalf of Tatum and Charlene Hernandez of Mandeville, Louisiana. The case is being heard by Judge Fallon without a jury.

The Hernandez family claims that their 1,688-square-foot home was ruined by 180 boards of defective Chinese drywall. Since moving into the home in 2006, members of the family have suffered from headaches and respiratory problems. Their insurer has denied their homeowners’ claim and the builder hasn’t offered any help. The family remains in the home because they can’t afford to pay both rent and mortgage.

While defendant Knauf acknowledges that its drywall was defective, the company disputes the amount of money the Hernandez family is seeking for remediation. According to a report in Business Week, all parties in the suit agree on the need for removing and replacing drywall, moldings, carpets, a granite countertop and electrical switches and outlets. Other claims, such as wiring, appliances and personal property and the cost of repairs are in dispute.

There is not a lot of more information on this item that has not been covered by our blog in the Chinese Drywall section. Until Judge Fallon determines the scope and manner in which these companies will handle the damage caused by this toxic wallboard, attorneys on both sides of this issue will look intently on this issue.

This blog will be updated as more information becomes available.

After roughly 35 Floridians protested outside of a campaign fundraiser, state Governor Charlie Crist attempted to ease the concerns of residents facing the struggle of Chinese Drywall. The News-Press reports

Gov. Charlie Crist walked over to a group of about 35 protesters who have defective drywall at about 7 p.m. today and told them what they wanted to hear: That he would look into making an emergency declaration on the drywall.

This response came, however, after a series of comments that make some question just how aware of the situation the Florida governor is. When he first began discussing the issue with the protestors, Crist urged them to seek help from the Charlotte County Housing Authority and the funding it holds for Housing and Urban Development. The group quickly rebuked him, clarifying the funds were earmarked and demonstrating the knowledge and wherewithal that comes from dealing with such a chaotic situation as Chinese Drywall, and the pursuit of assistance, has been.

While Crist then followed up explaining the potential of a state intervention, some protestors remained skeptical.

“A snow job,” Hummer said. The reason is that Crist began talking about HUD funds as an answer when those funds are already allocated and any trickle left over that could be dedicated to drywall remediation will not make a dent in the problem.

They were suspicious because Crist told them he had just been briefed on the issue on the way over to the fundraiser.

“He was just briefed? How can he be briefed?” asked Cardiello. “Does he live under a rock?”

While cynicism may be involved in the protestor responses, the faulty answer of the governor is an unfortunate red flag amidst a situation in which people are desperately looking for answers. Though a ruling from New Orleans seems imminent, the time it would take for that money to come in and make an impact in the lives of Gulf Coast residents struck with faulty sheetrock is unclear.

More information, as it becomes available, will be posted on this blog. For more information on the ongoing Chinese Drywall debacle, click here.

In what may come as good news to some and bad to others, the first Chinese Drywall case may be ruled upon soon. For the unfortunate homeowners stuck in limbo while the pre-trial hearings and litigation was handled, any sort of forward progress is welcome news. However, for the various manufacturers and distributors of the faulty wallboard, a harsh ruling may spell disaster for the industry.

The Fort Myers News-Press reports

The first bellwether trial in the more than 3,000 lawsuits filed across the country regarding the tainted product ended Monday; another starts March 15 in New Orleans.

The lawsuits have been consolidated in that city in federal multidistrict litigation before U.S. District Judge Eldon Fallon. What happens will pave the way for future suits.

The first trial was not to determine blame but rather the best fix and how much it will cost.

Fallon has said he will make his ruling soon in the case involving seven Virginia homes vs. Taishan Gypsum Co. of China, which has not responded to lawsuits.

With some experts believing that the cost of liability may be in the billions, and with Chinese manufacturers refusing to pay any ruling made in the United States' jurisdiction, many companies face what one expert deemed to be a "devastating" bill. Though it is unfortunate that the very producers of the faulty drywall will likely never face financial hardships for the product that has caused damage and sickness to countless families and households, the law in the U.S. dictates a chain of liability that requires justice against those involved with the import of products.

While, again, the situation seems to mirror a dine-and-ditch product import scenario, various distributors and other institutions will be left watching New Orleans closely to find out just how much the bill will be.