Berniard Law Firm news

Berniard Law Firm continues involvement in Chinese drywall class action

Published on: September 10, 2009 | By Berniard Law Firm

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.

Town Hall meeting to discuss Chinese drywall matter

Published on: September 9, 2009 | By Berniard Law Firm

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:

Breaking News: Berniard Law Firm named to Dow Hahnville Steering Committee

Published on: July 31, 2009 | By Berniard Law Firm

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.

Berniard Law Firm responds to Hahnville leak

Published on: July 9, 2009 | By Berniard Law Firm

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.

Happy 4th of July from the Berniard Law Firm

Published on: July 4, 2009 | By Berniard Law Firm

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!

Chinese drywall seminar coming to New Orleans in July

Published on: June 23, 2009 | By Berniard Law Firm

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.

MDL Panel to rule on Cox class action suit

Published on: June 21, 2009 | By Berniard Law Firm

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.

Cox Class Action alleges violations of Sherman Antitrust Act

Published on: June 18, 2009 | By Berniard Law Firm

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.

Cox Class Action proceeding on schedule

Published on: June 14, 2009 | By Berniard Law Firm

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.

Berniard Law Firm on Twitter

Published on: June 13, 2009 | By Berniard Law Firm

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