Insurance Dispute Lawyer Blog

News In Short: Saints’ Payton lead plaintiff in suit against Knauf

Published on: December 11, 2009 | By Berniard Law Firm

The Associated Press has a short news piece that demonstrates again how the Chinese drywall issue has affected people of all types and economic backgrounds. Reporting on a lawsuit filed against drywall manufacturer Knauf, the article notes that Saints head coach Sean Payton has been named lead plaintiff in a suit with over 2,000 party members. The article notes:

New Orleans Saints head coach Sean Payton is one of about 2,100 plaintiffs in a class-action lawsuit against a Chinese manufacturer of drywall blamed for damaging homes and sickening residents.

Payton is listed as the lead plaintiff in a suit filed [December 9th] in federal court in New Orleans against Knauf Plasterboard Tainjin Co. Numerous lawsuits have been filed over the drywall.

Chinese drywall hotline activated for Louisiana residents

Published on: December 8, 2009 | By Berniard Law Firm

In an effort to have victims of Chinese drywall contact the state and notify them of the toxic wallboard in their home, the Louisiana Recovery Authority has initiated a hotline specifically dedicated to the problem. The hotline, set up to help the state get a better idea of just how many people are being affected by Chinese drywall, is part of a national effort across 32 states to find out how many people have been affected. Paul Rainwater, executive director of the Recovery Authority, said the Consumer Product Safety Commission has urged states to get residents active in an effort to get official counts regarding the problem.

The Times-Picayune reports

“We will use the data we gather on homes to continue to make the case for direct federal aid to homeowners, including the possibility of using existing disaster programs for temporary housing and rebuilding assistance,” Rainwater said.

Chinese drywall numbers might be overstated

Published on: December 2, 2009 | By Berniard Law Firm

The Miami Herald reports that the originally announced total of 100,000 homes facing problems because of Chinese drywall may be overstated. While consumer groups contest this, the news that the number may be less is a mix of good and bad. Though it would be nice to think that far less families are facing the plight of this imported wallboard, that the number might be overstated could mean that it is more of an uphill battle to prove the toxic problem.

The Herald’s article notes

Now some are questioning if that figure — and the scope of the drywall problem itself — is exaggerated.

Chinese drywall meeting with State Senator Quinn tomorrow

Published on: December 1, 2009 | By Berniard Law Firm

Just a reminder that Louisiana Senator Julie Quinn’s committee meeting in regards to Chinese drywall and insurance companies is scheduled for tomorrow. Senator Quinn is hosting the meeting to discuss the issue of Chinese drywall in Louisiana and the insurance implications. The meeting will be attended by Insurance Commissioner Jim Donelon and representatives of various insurance companies and is an opportunity for those with Chinese drywall in their homes to explain their situations to those involved in the decision making process.

Details are as follows

LOUISIANA STATE SENATE INSURANCE COMMITTEE MEETING DECEMBER 2, 2009

A Happy Thanksgiving from the Berniard Law Firm

Published on: November 25, 2009 | By Berniard Law Firm

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.

News In Short: WSJ commends Duval ruling, encourages gov’t to settle with Katrina flood victims

Published on: November 24, 2009 | By Berniard Law Firm

The Wall Street Journal, in its editorial section yesterday, commended Judge Duval for finding the Army Corps of Engineers at fault for the flooding of areas of New Orleans. The editorial, entitled ‘A win for New Orleans,’ celebrates the win as an opportunity for those whose homes flooded to receiving financial settlements to make up for the inability of the Corps to develop and operate adequate water projects.

The lawsuit was brought by seven plaintiffs. Judge Duval ruled against the plaintiffs from New Orleans East but awarded $720,000 to those from St. Bernard and the Lower Ninth.

The judge’s decision could lead to thousands of people joining class actions seeking billions of dollars in damages. Lawyers for the plaintiffs are calling on the federal government to offer a universal settlement with the people of New Orleans. The Obama administration and members of Congress should listen. While there are limits on how much people should expect — the government is strapped for cash, after all — it’s difficult to see what purpose would be served by dragging this case through appeals all the way up to the Supreme Court. Unless the government has a persuasive defense for the negligence decried by Judge Duval, it would be better to settle now.

Government Chinese drywall draws link between wallboard and corrosion

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

The Consumer Product Safety Commission today strengthened the case against Chinese drywall makers by releasing three preliminary reports that links the imported wallboard to corrosion and irritating levels of chemicals. The reports, issued by the government ahead of a formal decision by the government on the matter, brings scientific proof to what plaintiff attorneys and homeowners have alleged for months: Chinese drywall is causing health problems and home damage where it has been installed since 2004.

CNN reports

The suspected link between Chinese drywall and toxic effects reported by thousands of U.S. homeowners was strengthened Monday by three preliminary reports issued by the federal government.

Governor Jindal responds to federal ruling on Army Corps of Engineers failure

Published on: November 19, 2009 | By Berniard Law Firm

Governor Bobby Jindal has responded to U.S. District Judge Stanwood Duval Jr.’s ruling that the flooding of areas within New Orleans was the direct fault of the Army Corps of Engineers inability to develop and execute proper water resource projects within Louisiana. The press release, posted below, condemns the Corps for their failure and is a strongly worded encouragement of the Corps to rectify and improve its efforts in the near future.

The Office of the Governor states

Baton Rouge: Governor Bobby Jindal issued the following statement regarding the ruling by U.S. District Judge Stanwood Duval Jr. that the Army Corps of Engineers’ was directly responsible for flood damage to portions of the New Orleans region following Hurricane Katrina because of their failure to properly operate and maintain water resources projects in Louisiana:

Make sure to drive safely this winter in the Gulf Coast

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

While the Gulf Coast rarely sees snow in the winter months, safe driving is crucial as precipitation arrives in the form of rain and sleet. Though these tips are offered by the Iowa Department of Transportation, they still remain absolutely relevant given the ability of cold weather to cause unsafe driving conditions despite a lack of snow or hail.

Do not overestimate your ability in bad driving conditions.

Slow down. Wear seat belts. Never drink and drive.

Next few months crucial in Chinese drywall matters

Published on: November 17, 2009 | By Berniard Law Firm

The Bradenton Herald had an interesting piece that really clarifies how big the next few months are for those involved in Chinese drywall. Whether it’s the escalation of pre-trial matters in the federal litigation involving the toxic wallboard or foreign diplomacy, things are shaping up quickly.

The Herald reports

Within the next few weeks, officials expect to determine how much of a fire hazard, if any, the contaminated product poses. They’ll also have a better idea of how much the drywall contaminates the air inside affected homes. A federal judge is expected to decide which of the several hundred lawsuits that have been filed over the product will be the first to go to trial.