Per The Times-Picayune
Newly revised Preliminary Digital Flood Insurance Rate Maps showing the potential for flooding caused by a 100-year rainfall and hurricane-strength surge for New Orleans will be available for review and discussion at a Wednesday open house in City Park.
The event will be held from 2 to 8 p.m. at the Pavilion of the Two Sisters in the City Park Botanical Gardens on Victory Drive.
Per a federal MDL Panel, the pre-trial court matters for the Chinese drywall class action lawsuits being filed on the behalf of American consumers will be handled in the United States District Court’s Eastern District court in New Orleans, Louisiana. The Panel ruled, in this case, to have New Orleans be the central area for all pre-trial motions and issues relating to the cases of Chinese drywall in an effort to consolidate the matter before a single judge so there is no conflict over different judicial decisions relating to what may be included in evidence, etc. With all of the case issues being handled exclusively in New Orleans before court proceedings resume in the original jurisdictions where the cases were filed, new attention may come to the plight of those home and property owners with Chinese drywall that live in this area.
Per The Times-Picayune
A panel of federal judges ruled today that class action suits filed around the country against Chinese drywall manufacturers will be docketed in New Orleans.
In previous entries, this blog has referred to materials manufactured in China erroneously as sheetrock. The term ‘sheetrock’ is actually a trademarked term for the United States Gypsum Company and refers to plaster wallboard manufactured by their company exclusively. As USGC does not create or manufacture wallboard in China, we have since edited our entries to convey this difference.
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.
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In order to best utilize your time this weekend, check out some helpful tips on how to prepare yourself, and your family, for hurricane season. WTKR has more
Have supplies on hand to last at least three days. Put these essentials in your kit:
Food that won’t spoil, such as canned goods and packaged foods
In a followup to the Chinese drywall legislative bill going through the Louisiana state government previously discussed here, the piece of legislation has been sent down to committee again for review. The Associated Press writes
The Senate diverted legislation dealing with Chinese-made building materials, which has been implicated in health problems, to a second committee hearing.
Several federal and state agencies, including the Centers for Disease Control and Prevention, are investigating complaints that Chinese drywall is causing health problems. There also are reports that fumes from the drywall corrode metal and cause a rotten-egg stench in homes.
With all the health symptoms of Chinese drywall exposure and the damage this faulty wallboard has caused to homes and properties, those affected have been quick to look for a solution that can help them return to a life of normalcy. The recent developments, catalogued on this blog here, have shown several different rays of hope might exist for those involved as state and federal government officials have taken on the issue to help those affected. However, a speed bump has developed that seems to be slowing down progress for now.
A spokesperson with the American Insurance Association told BradentonHerald that insurance companies in many states have received claims regarding Chinese drywall damage, but could not say how many. The spokesperson also said most so far have come from states where high humidity is prevalent – such as Florida.
According to one Florida attorney handling drywall cases, insurers are rejecting claims “across the board,” BradentonHerald.com said. However, the lawyer said he still recommends that people with Chinese drywall damages file a claim with their homeowner’s insurance carrier so that the company has notice that the material is in the home.
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.
While the Army Corps of Engineers continues to design, build and implement a storm preparedness system that prevents the type of flooding New Orleans saw after Hurricane Katrina, the price has gone shockingly high. Per an Associated Press article, creating a satisfactory system of floodgates and other water barriers will cost nearly two billion dollars, nearly 15% of the budgeted money the area was given to rebuild.
Top brass at the Army Corps of Engineers say the estimated price of a major project to build three floodgates and a 1.8-mile storm surge barrier to protect New Orleans from hurricanes is now $1.8 billion.
The cost of closing off the Inner Harbor Navigation Canal has risen since the project began last year. The structures being built on the eastern flank of New Orleans are among the most important features in the Army Corps’ plan to defend the city against hurricanes.
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