Insurance Dispute Lawyer Blog

Dow drains Hahnville chemical leak-causing tank

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

In further developments regarding the Hahnville chemical leak by Dow Chemical, the tank responsible for releasing unknown amounts of hazardous chemicals into the air has been drained by the company. The Times-Picayune’s article on the issue has two interesting points worth noting:

“One drop of [ethyl acrylate] would send everybody running from this room,” company spokesman Tommy Faucheux told reporters at a news conference Thursday.

This point is odd because just as Dow keeps insisting no major damage has occurred, their spokesman speaks candidly on just how offensive and harmful the chemical could be in the form of a mere drop.

Dow’s Hahnville chemical leak’s odor could linger

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

Dow has now begun publicly discussing the chemical leak that occurred Tuesday and caused a number of physical ailments throughout the Southeast Louisiana and Metro New Orleans area. In an article by the Times-Picayune, the company takes measures to do damage control and downplay the harm and danger caused by this avoidable incident

Dow Chemical plant spokesman Tommy Faucheux said that “minute pockets” of ethyl acrylate left in a storage tank continue to react and send bursts of the pungent odor into the air in St. Charles Parish.

“It could be days before the air clears completely, he said during a press conference on Thursday at the parish courthouse in Hahnville.

Miami Herald outlines Chinese drywall difficulties

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

The Chinese drywall issue has surely frustrated many in the Gulf Coast region. With rotten egg, sulfuric smells filling many newly built or renovated homes, homeowners are forced to flee or put up with a very problematic issue that no person should have to handle. The lawsuits regarding this issue have been both understandable and uphill as just who is responsible has been a difficult matter. While trying to stay optimistic, the Miami Herald recently outlined the difficulties in which plaintiffs and their clients face trying to pursue damages from overseas manufacturers for their faulty products.

Chinese manufacturers made more than half of the goods that the U.S. Consumer Product Safety Commission recalled last year, but few of them paid any price for producing defective wares.

The long list of faulty products included Chinese-made highchairs whose seat backs failed, steam cleaners that burned their users, bikes whose front-wheel forks broke, saunas that overheated, illuminated exit signs that stopped working when commercial power failed, dune buggies whose seat belts broke on impact and coffee makers that overheated and started fires.

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.

Dow Chemical leak in Hahnville, Louisiana

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

The Dow Chemical Plant in Hahnville experienced a chemical spill on Tuesday, leading residents of Southeast Louisiana to experience a myriad of physical ailments while nearby residents were forced from their homes.

Per a NOLA.com article, the spill/leak involved ethyl acrylate, “a chemical used in the manufacture of a wide variety of household and cleaning products.” The leak led to a horrific smell that carried all the way into the downtown/metro area as winds and storms carried across the state. According to reports, the plant was notified of the leak around 6 a.m. Tuesday morning and employees and cleanup crews worked through the night to control the matter. However, nearby residents are still unable to return to their homes.

The article further profiles concerns relating to the leak

New Orleans resumes first international flights since Katrina

Published on: July 7, 2009 | By Berniard Law Firm

In the wake of Hurricane Katrina, hundreds of services and plans were either indefinitely delayed or removed altogether as the city worked to rebuild and reestablish. One of those discontinued normalcies of New Orleans life included international flight service from Louis Armstrong International Airport. That changes today.

In an article written by the Associated Press, the service provides a pleasant story to remind Gulf Coast residents that New Orleans continues to bring back some of its pre-Katrina traits details how flights from MSY to Mexico are returning. Starting today, AeroMexico’s will be establishing a route to Mexico City.

The AP reports

Interesting article on Chinese Drywall

Published on: July 6, 2009 | By Berniard Law Firm

The NOLA.com recently ran a synopsis on Chinese Drywall and the various developments that have come from this very complicated issue, including discussion of a conference held in New Orleans on the issue.

A summary

Amid the welter of questions about tainted Chinese drywall, from the exact source of the product’s defect to how to address it, one thing is clear: the litigation the drywall has spawned is going to be complex, expensive and time-consuming.

NOAA Hurricane Outlook for 2009

Published on: July 5, 2009 | By Berniard Law Firm

The National Oceanic and Atmospheric Administration, a governmental agency focused on monitoring the ocean and atmosphere throughout the year, has released its 2009 figures for what it expects to see this hurricane season:

While this might not seem like much, it is a more positive outlook than we saw last year. In last year’s predictions, there was a 65% prediction of more hurricanes than normal, as compared to 25% this year. As such, the Gulf Coast region may get a calm this season which would be a very welcome reality given the past decade and the amount of devastating storms that came through recently.

For tips on how to prepare for hurricane season, check out our section on hurricane and storm tips found here.

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!

Timeline anew for Katrina lawsuits

Published on: July 3, 2009 | By Berniard Law Firm

Catching up on June happenings, it is important for those individuals affected by Hurricane Katrina to know that the timeline in which they may file for claims involving damage from the epic storm has been reset.

From NOLA.com

The class action allegations against insurers in the consolidated levee breach litigation have been dismissed, restarting the clock for anyone who is dissatisfied with the results of their Katrina claim and allowing them to file a lawsuit against their insurer nearly four years after the storm.