Articles Posted in Legal Definitions

Fire and smoke rise from a chemical plant following the Smitty’s Supply explosion in Tangipahoa Parish.

The Advocate recognized attorney Jeff Berniard for representing families impacted by the Smitty’s Supply chemical plant explosion and fire.

The Advocate recently recognized Attorney Jeff Berniard and the Berniard Law Firm for their role in representing families displaced by the Smitty’s Supply explosion and fire in Tangipahoa Parish. Read the full Advocate article here.

The feature highlights Berniard’s track record of success in large-scale litigation. Over his career, he has served as class counsel and lead counsel in numerous high-profile cases, including lawsuits involving chemical leaks, defective products, insurance bad faith practices, and environmental disasters.

Thick smoke and flames rising from the Smitty’s Supply lubricant plant in Roseland, Tangipahoa Parish, after the August 22, 2025 explosion and fire.When the Smitty’s Supply facility erupted in flames on August 22, 2025, residents within a one-mile radius were ordered to evacuate. Families were forced from their homes, many for several days, unsure of when it would be safe to return. In the aftermath, thick soot, oily residue, and chemical contamination settled on homes, vehicles, and property—leaving long-term damage and raising serious questions about insurance coverage.

The Berniard Law Firm has filed a class action lawsuit against Smitty’s Supply, Inc. seeking justice for affected residents. The petition alleges negligence, gross negligence, nuisance, trespass, and strict liability, arguing that Smitty’s failure to properly store and manage dangerous chemicals directly caused the disaster.

Residents have reported:

Thick smoke and flames rising from the Smitty’s Supply lubricant plant in Roseland, Tangipahoa Parish, after the August 22, 2025 explosion and fire.The Smitty’s Supply plant explosion and fire in Roseland, Louisiana on August 22, 2025 has left the Tangipahoa Parish community shaken. Families were forced to evacuate, businesses were disrupted, and questions remain about the long-term impact of the disaster.

While officials report that the fire is largely contained, many residents are still facing uncertainty—about their health, their homes, and their future.


What Residents Experienced

crop_rows_agriculture_field-scaledThe following case revolves around the intersection of farming and infrastructure development, and the legal implications when construction activities impact agricultural land.

Case Background

Lanie Farms, a sugarcane and soybean farming operation, sued CLECO Power and its contractor, Highlines, for damages caused during the construction of new power lines across the farmland. Lanie Farms claimed that the construction activities damaged their crops and required costly remediation efforts. The trial court ruled in favor of Lanie Farms, awarding them $38,000 in damages. However, Lanie Farms appealed, arguing the award was insufficient. CLECO and Highlines also appealed, claiming the court should have dismissed the case.

pexels-binyaminmellish-106399-scaledA tragic accident involving a young boy with autism has raised questions about the legal responsibility of homeowners when someone is injured on their property. The case of Justin Stollenwerck v. Robert Schweggman, Jr., et al. explores the boundaries of a homeowner’s duty of care, especially when the injured party is the guest of a tenant. This blog post examines the case details and the court’s ruling, shedding light on the complexities of premises liability law.

The Accident:

Ryse Stollenwerck, a five-year-old boy with autism, was severely injured while playing at his mother’s boyfriend’s house. The boyfriend, Robert Schweggman Jr., was spinning another child around when they accidentally struck Ryse, causing serious injuries that left him wheelchair-bound and unable to speak.

pexels-kindelmedia-7688374-1-scaledIn the realm of insurance claims and legal disputes, the concept of subrogation often plays a crucial role. Subrogation allows an insurer, after paying a claim to its insured, to step into the insured’s shoes and seek reimbursement from the party responsible for the loss. But what happens when the insured settles their claim directly with the at-fault party? Does the insurer lose its right to subrogation? A recent Louisiana Court of Appeals case, Louisiana Farm Bureau Casualty Insurance Company v. David Scott Burkett, et al., sheds light on this issue.

The Accident and the Claim:

The case stemmed from a car accident where Katherine Burkett, insured by Shelter Mutual Insurance Company, collided with Jessica Hall, insured by Louisiana Farm Bureau Casualty Insurance Company. Farm Bureau paid Hall $5,000 for medical expenses under her policy and became subrogated to her claim for that amount.

pexels-quang-nguyen-vinh-222549-2172499-scaledA picturesque pond, once teeming with life, transformed into a murky, foul-smelling mess. The culprit? Alleged sewage contamination from a neighboring apartment complex. This is the story of Cedar Lodge Plantation’s battle against Fairway View Apartments in Baton Rouge, Louisiana, a legal fight that highlights the complexities of environmental disputes and property damage claims.

The Contamination Crisis:

In 2012, Cedar Lodge discovered their pond had been contaminated with sewage, evidenced by high levels of fecal coliform bacteria. The source was traced back to the adjacent Fairway View Apartments. Cedar Lodge’s plans to develop their property into a residential and commercial community were shattered, leading them to sue the apartment owners and their sewage treatment contractor.

pexels-lastly-590178-scaledIn the depths of the Gulf of Mexico, a seemingly minor incident set off a chain of legal events that reverberated through the maritime industry. An underwater sonar device, or towfish, collided with the mooring line of a Shell Offshore drilling rig, causing significant damage. The resulting legal battle involved Shell, the company operating the sonar device (Tesla Offshore), and the vessel’s owner (International Offshore Services). This blog post explores the key issues of the case, the court’s rulings, and the implications for maritime operations.

The Incident:

Tesla Offshore was conducting an archaeological survey of the ocean floor using a towfish pulled by a vessel chartered from International Offshore Services. Despite having prior information about the location of Shell’s drilling rig, Tesla failed to share this with the vessel’s crew. The towfish struck one of the rig’s mooring lines, causing damage and disrupting Shell’s operations.

pexels-mikebirdy-193999-scaledIn a victory for consumer rights, the Louisiana Fifth Circuit Court of Appeal recently overturned a trial court’s decision to dismiss a redhibition claim against Mercedes-Benz USA (MBUSA). The case, Philip A. Franco v. Mercedes-Benz USA, LLC, involved a defective airbag and highlights the interplay between safety recalls and Louisiana’s redhibition laws.

Case Background

Philip Franco purchased a used 2010 Mercedes-Benz GL450 SUV in 2013. In 2016, he received a safety recall notice from MBUSA regarding a potentially dangerous defect in the driver-side airbag. The defect could cause metal fragments to be propelled toward the driver or passengers in the event of an accident, potentially resulting in severe injury or death. MBUSA’s notice stated that a suitable replacement was not yet available but would be provided free of charge when it was.

pexels-pixabay-159740-scaledIn a recent ruling highlighting the importance of responding to legal actions, the Louisiana Court of Appeal, Fourth Circuit, sided with Xavier University of Louisiana in a case involving unpaid student debt. The court reversed a lower court’s decision, granting Xavier University a preliminary default judgment against a former student, Elemuel Coleman.

Xavier University filed a lawsuit in 2015 seeking to recover over $21,000 in student loan debt from Coleman. After initial attempts to serve Coleman through the sheriff’s office failed, the court appointed a private process server. The process server successfully delivered the legal documents to Coleman’s residence, leaving them with a person of suitable age and discretion who also lived there.

Despite being served, Coleman failed to respond to the lawsuit within the required timeframe. Xavier University then filed a motion for a preliminary default judgment, a legal maneuver that can lead to a judgment in favor of the plaintiff if the defendant fails to respond to the lawsuit.

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