Insurance Dispute Lawyer Blog

In an effort to bring fairness and acceptable billing practices to Louisiana and beyond, the Berniard Law Firm actively worked in the interest of resident cable subscribers against two cable giants in 2009. Filing in federal court, our firm, in conjunction with attorneys of several other Louisiana firms, took aim at the tying of cable boxes to the use of premium services provided by the cable companies. Because these cable boxes were only available through rental from the cable companies themselves, subscribers were forced to pay twice for what should be limited to the service itself. Facing either unnecessary rental charges or miss out on various channels and opportunities they were already paying for, cable subscribers quickly signed as clients of our firm and took aim through a class action against these companies.

For more information on how to join these class actions against Cox and Charter cable, check out our websites:

http://www.chartercableclassaction.com/
http://www.coxclassaction.com

We look forward to the judicial process beginning on these cases in 2010.

The Berniard Law Firm would like to wish you and yours a Happy Holidays. This blog will not be updated until the New Year and we hope to hear from you then.

Have a great rest of the week and enjoy what remains of 2009.

The Berniard Law Firm would like to wish everyone in the Gulf Coast and beyond a happy and pleasant Thanksgiving holiday.

The blog will resume posting on Monday, November 30th.

A Happy Veterans Day and special thank you to those in the Armed Forces from all of us at the Berniard Law Firm. We are grateful for your service and appreciate all you have done for our country.

The Berniard Law Firm would like to congratulate the New Orleans Saints for their franchise record 8-0 start on the season! Well done and good luck in St. Louis!

Hurricane Ida is moving into the Gulf and current tracking has the storm reaching the Gulf Coast late Monday evening. WWL reports Ida is gaining strength over the warm Gulf water while also downgrading into a tropical storm.

For more information on Ida as it becomes available, check out the National Weather Service's National Hurricane Center site dedicated to the storm, located here, or continue to check into this blog.

In a huge turn of events, a Chinese drywall manufacturer has assuaged the fears of those who believed no lawsuit might ever emerge by agreeing to be served with the class action lawsuits brought forth by homeowners.

The Bradenton Herald reports

A Chinese drywall manufacturer has agreed to be served with a class-action lawsuit to be filed on behalf of homeowners, attorneys in the case said Monday.

Knauf Plasterboard Tianjin Co. Ltd. agreed to be served under U.S. court procedures and not under international law, which would have taken more time and money, attorneys said. However, KPT’s willingness to do so extends only to an omnibus class-action lawsuit to be filed by Dec. 9...

KPT and several manufacturers, distributors, shippers and homebuilders are accused of importing and installing defective drywall in thousands of U.S. homes. The drywall has been blamed for causing property damage and health problems.

The Berniard Law Firm has been filing Chinese drywall cases for months now while head attorney Jeffrey Berniard has attended and instructed at seminars dealing with the toxic wallboard. With a team of field experts and construction specialists geared to handling the various complexities involved in the diagnosis and assertion of Chinese drywall within the home, our firm is highly skilled and capable of handling your lawsuit.

With pleading deadlines looming, it is important for anyone who believes their home to have been rebuilt or repaired with Chinese drywall to contact our offices immediately so that they may listed along with current clients on our firm's class action pleading. Call our offices at 504.527.6225 or text 504.458.6225 for more information or to talk with an attorney regarding Chinese drywall and how to have your home inspected and proceed with legal action.

Time is of the essence and it is important for anyone who believes the toxic wallboard is in their home to contact our legal experts today.

A Happy (and safe) Halloween for all of our readers and friends from the Berniard Law Firm

A Happy Columbus Day to all of our readers on the Berniard Law Firm's Blog. Original content will resume tomorrow. Until then, enjoy your day.

The Berniard Law Firm, having already been involved with various clients with Chinese drywall in the Gulf Coast region, recently filed in federal court two claims against manufacturers and builders who were involved in the repair and manufacturing of their homes. Further, head attorney Jeffrey Berniard has been involved in the class action proceedings with the MDL established in New Orleans. That pre-trial matter has been proceeding at a very rapid pace as Judge Eldon Fallon, quite experienced with class actions and was selected because of his work in a previous matter involving the prescription drug Vioxx. For more information on Judge Fallon's work in the Vioxx matter and how he was chosen for his experience and expertise in the rapid development of class action pre-trial matters, read more here.

All of this involvement has led to a wealth of information that has been integral in establishing the advanced experience and approach the Berniard Law Firm has towards Chinese drywall. Mr. Berniard has been in attendance of each of the pre-trial hearings relating to the MDL Panel and has been active in helping advance the Plaintiff case in any way possible. To understand better the decisions made and the developments that come with these pre-trial hearings, refer back to our blog entry on this month's MDL hearing located here.

While this blog is intended to be a resource for individuals living in the Gulf Coast and beyond to understand the legal matters and situations going on day-to-day, the fact that builders as far away as Nevada have been accused of using Chinese drywall demonstrates that everyone need to be aware of the news and options going on with Chinese drywall.

For more information on Chinese drywall, feel free to peruse the section of this blog dedicated to the matter, located here. If you believe you may have Chinese drywall in your recently built or renovated home, contact us at the Berniard Law Firm and we will happy to help you with your home issue and pursue any legal case you may have.

For residents of the Gulf Coast, and Louisiana in particular, groups involved with Chinese drywall litigation and legislation have established and set up a Town Hall Meeting for next week to discuss with homeowners and citizens the developments and actions being taken to combat the problems associated with the faulty wallboard.

Set for next Monday at 6:30 in Mandeville, the meeting will be attended by attorneys, including the Berniard Law Firm's own Jeffrey Berniard, and experts in the field and issue in order to hopefully assuage concerns and develop ideas and avenues of communication with the community. State Senator Julie Quinn will also be in attendance to field questions regarding the state's response to the matter.

The full details are as follows:

Date: 9/14/09 Time: 6:30pm Address: Mandeville City Hall 3101 E. Causeway Approach Mandeville, LA

State Senator Julie Quinn will be hosting a Town Hall Meeting to discuss tainted Chinese drywall issues at Mandeville City Hall. She will discuss what the federal government and state of Louisiana are doing to address the issue. Dr. Mark Rigler, an expert in environmental analysis will be available for questions, as will a number of attorneys.

For more information you may contact Senator Quinn at her office, 504-219-4640.

For anyone who has had Chinese drywall discovered in their home or has questions regarding the matter, the meeting will be a great opportunity to further explore the issue and have questions answered. We hope to see you there.

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.

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

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!

A seminar dealing with the Chinese drywall fiasco going on across the Gulf Coast will be held July 31, 2009, in New Orleans, LA. Feating a host of speakers dealing with a wide assortment of issues relating to the Chinese drywall issue, the conference is billed as "a practical, one-day seminar for attorneys, engineers, architects and contractors" looking to explain health effects property damage, exploring claims and litigatory issues, demonstrating strategies for the matter and discussing the various complexities of the cases.

The Berniard Law Firm's own Jeffrey Berniard will present on the matter of "Exploring Potential Liability for Damages Caused by Chinese Drywall Problems" with fellow attorney Scott Wolfe of the Wolfe Law Group. The lecture will cover matters relating to what parties are facing potential liability exposure, theories of recovery for construction defects, defenses and crossclaims and damages.

As part of the seminar, various different learning credits are available for participating professionals as part of continued learning education requirements. This includes 5.0 approved CLE hours for attorneys from the states of Louisiana, Alabama, Mississippi and Texas.

More information can be found at the Half Moon Seminars website promoting the seminar here or by downloading the brochure here.

As we posted about earlier, 21 cases have been filed against Cox et. al. as of this date. With there being so many plaintiffs, it can be difficult to decide which court will hear the case, let alone in what state the case will be tried in. This is the situation currently being handled in the class action lawsuit the Berniard Law Firm, along with co-counsel, has filed with Cox.

With 21 plaintiffs, a wide variety of jurisdictions are covered and opens up the issue of multidistrict litigation. Multidistrict litigation, or MDL, involves a party to a lawsuit appealing to a panel to decide which jurisdiction will be used for each stage of the suit, from pre-trial proceedings and then the return to an original court of acceptable jurisdiction. The panel involved with a MDL issue decides the transfer of the case to a specific court but does not supervise any of the litigation thereafter. Plaintiffs in the class action lawsuit against Cox live in Georgia, Louisiana, Arizona, Oklahoma, Florida and California.

Because the plaintiffs live in different states and Cox is subject to multiple jurisdictions, there is currently a dispute about which court the case will be held in. The defendant Cox filed with the Judicial District Panel of Multidistrict Litigation (MDL Panel) a pleading so as to have all of these cases coordinated in one court. Cox would like the panel to refer the case to the Middle District of Georgia while Berniard and co-counsel want it to be heard in the Eastern District of Louisiana. Further, some attorneys want the case to be held in Oklahoma.

A hearing on May 27 featured attorney Allan Kanner, co-counsel of the Berniard Law Firm, arguing for the case to be held in the Eastern District of Louisiana. A typical MDL Panel ruling takes approximately six weeks. An update will be posted when this ruling comes down.

As of May 26th, 2009, 21 cases have been filed against Cox et. al., alleging transgressions of the Sherman Antitrust Act and various state laws intended to prevent unlawful tying arrangements. The Berniard Law Firm, along with co-counsel, filed the first cause of action against Cox et. al. with the other law firms following behind shortly thereafter.

The Sherman Antitrust Act, established in 1890, was the first federal statute to attempt to limit businesses in the sphere of monopolies. Fundamentally antiturst law, the act works to prevent business practices that limit fair and open markets. The Act reads "Every person who shall monopolize, or attempt to monopolize, or combine or conspire with any other person or persons, to monopolize any part of the trade or commerce among the several States, or with foreign nations, shall be deemed guilty of a felony." Simply put, the Sherman Antitrust Act was implemented to make sure the people were not taken advantage of by big business while also keeping companies in check and limited from dominating one realm of commerce.

In this vein, antitrust law also prevents the illegal tying of a product to a business' service. That is to say, the law provides protection to consumers from a company requiring the exclusive use of a specific item in order to fully enjoy whatever service the consumer is subscribing to or using. In the case of Cox, the Berniad Law Firm and co-counsel allege that the exclusivity rooted in the specific use of the set-top box necessary for premium cable and attainable only through rental is an example of illegal tying.

For more information on the class action against Cox, bookmark CoxClassAction.com.

The Berniard Law Firm, along with a collection of other attorneys from the region, has continued its class action lawsuit against Cox for what we believe to be unfair practices relating to the set-top box used for premium services. Motions have been handled and research is full-swing as we try to build the best case possible for customers who feel they have been unfairly charged or not given acceptable options for purchasing their own box. Our goal is to have the judiciary see that Cox's refusal to provide option or choice in their practices injures their customers and that change is necessary to keep things fair in the cable market. We welcome any Cox customers who would like to join the class action to click here and become a part of this important lawsuit.

To keep abreast of the developments as they become available, bookmark CoxClassAction.com or continue to read this blog.

Follow the Berniard Law Firm on Twitter for more information about Chinese drywall, hurricane insurance disputes, Gulf Coast news and other legal issues relating to residents of Louisiana, Texas, Florida and Mississippi.

Go to http://twitter.com/BerniardLawFirm for more information

On February 10th, 2009, the Berniard Law Firm filed suit against Cox et. al. on behalf of a putative class over, what they allege to be, antitrust violations relating to set-top boxes and Cox's rental policy of such. A putative class is one in which a collective group of people have all suffered a similar harm or common wrong. On March 4th, Cox (hereafter referred to as Defendant) filed a Notice of Removal to take the matter out of state court and put it into federal court. Less than a week later, Defendant filed a Motion for Extension of Time to Answer, nothing more than a request for an extension to address the matter. This request was granted.

On the 12th of March, The Berniard Law Firm, with attorneys Madro Bandaries and Gregory DiLeo, filed to be entered as Interim Co-Lead Counsel with Madro Bandaries and Gregory DiLeo as interim liaison Co-Counsel. The defense filed a Motion to Stay on March 20th that specifically requested the Court to stop all litigation and wait for the MDL Panel to rule on what venue would be taken. The same day, the defense also filed a Motion to Expedite asking for the court to expedite consideration on this stay to avoid further delays. This request for expediting consideration of the stay was granted three days later.

While the defense has submitted an opposition to the Berniard Law Firm being considered lead counsel, filed on March 23, the Berniard Law Firm has filed with the court their desires to continue litigation of the case on behalf of the plaintiffs. Since then, various motions and responses have been filed regarding oppositions to stay the case. March 26th the Berniard Law Firm filed an opposition to Cox's motion to stay pretrial proceedings citing the undue hardship suffered by the plaintiffs as they continue to be charged for what we allege to be an unfair service practice.

On April 1st, the hearing on the Motion to Stay and Motion for Lead Counsel were held before the court. Prior to the hearing, Berniard et. al. attorneys were contacted and agreed to work with other attorneys who filed similar causes of action against Cox after the Berniard filing. In the best interest of the class and proceedings against Cox, the firm agreed to work with these other attorneys. The same day, a Motion Hearing was filed and entered and an Amended Complaint was submitted in court stating both sides will meet again in two weeks. The hearing was continued to the 14th so that Berniard et. al. and new attorneys could work on resolving the stay issue and Motion for Lead Counsel matter without court intervention with Cox defense attorneys. An agreement failed to be reached so, at the hearing on the 14th, parties argued the Stay Motion and issues relating to the preservation of evidence. The stay was granted one week later, with the Court ruling such a pause was acceptable while ordering Cox to preserve evidence in the meantime.

While this timeline features an excess of legalese and motions based upon what some people would consider insignificant, it is important for those interested in the case because it demonstrates an active and forward-moving process in which the Berniard Law Firm is progressing the class action. The court's ruling on April 21st to force Cox to preserve evidence in the midst of the stay is a win for Plaintiffs as it essentially locks in and maintains the legitimacy of those items and issues which we argue demonstrate Cox's unfair business practices.

Be sure to continue to follow the Cox class action website (http://www.CoxClassAction.com) for more updates as the case proceeds.