Insurance Dispute Lawyer Blog

Innovative bill in South Carolina aids coastal residents with insurance policies

Published on: June 22, 2009 | By Berniard Law Firm

In an article by Kristy Eppley Rupon of The State regarding insurance policies along the Eastern coast, a new act by South Carolina’s government has helped quell fears of insurance company lockouts and helped residents secure policies where they may not have otherwise. The legislative act shows there may be some innovation in the Gulf Coast region to keep insurers from leaving like they have threatened to, or have, in other states.

Insurers started dropping policies in late 2006, after Hurricanes Katrina and Rita devastated the Gulf Coast. They were worried about surviving another catastrophic hit.

That put many coastal homeowners in a bind and left state governments scrambling to come up with a solution.

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.

Members of Congress petition IRS for tax relief for Chinese drywall homeowners

Published on: June 20, 2009 | By Berniard Law Firm

As a show of solidarity with constituents and Gulf Coast residents regarding the Chinese drywall debacle, several members of Congress have stepped up to the plate and petitioned the IRS to buffer the tax expenses of those individuals who have suffered from the faulty wallboard. The effort is a practical step forward to make a very real difference in the lives of those affected while lawsuit matters and legislative measures can take months, if not years, to create change.

Aaron Kessler of the Herald Tribune reports

Three U.S. senators, including Florida Democrat Bill Nelson, and a U.S. congressman have written to the Internal Revenue Service asking that costs incurred by homeowners who have fallen victim to Chinese drywall should be deductible for federal tax purposes.

Louisiana receives an F for insurance coverage

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

According to a report released this week, insurance policy holders in Florida and Louisiana, among other states, are paying some of the highest rates for homeowners policies that are vastly overrated. While states like Utah and Idaho have residents who are receiving a great value for their policies, this illustrates yet again a theme of insurance prices in the Gulf Coast being out of control.

The Times-Picayune reports

Louisiana is one of six states receiving an “F” on a newly released report card ranking states’ insurance climates.

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.

Army Corps of Engineers reports on New Orleans progress

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

In a news piece by Talk Radio News, testimony regarding the barriers being put in place to avoid another disaster like Katrina is profiled and has some interesting points that it brings to light

Brigadier General Michael Walsh, Commander of the Mississippi Valley Division of the U.S. Army Corps of Engineers, informed the Senate Environment and Public Works Committee the goal of providing hurricane protection and coastal restoration in Louisiana is on track.

In his testimony, Walsh said, “the system is stronger and more resilient than prior to Katrina or any other time in history”.

Four charged with fraud in Katrina relief case

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

While catching up on some hurricane news for the Gulf Coast region from June, we came across this story about relief fraud in the wake of Hurricane Katrina

A federal grand jury in Atlanta has accused four people of fraudulently obtaining tens of thousands of dollars in government assistance for victims of Hurricane Katrina.

Federal prosecutors said Wednesday that 37-year-old Kristine Clark and 24-year-old Michael Rouzan, both of Decatur, Ga., were charged in one indictment, and 26-year-old Markisha Burks of Dallas and 43-year-old Lucien Danthon of Atlanta were named in separate indictments accusing them of falsely claiming they resided in New Orleans at the time of the 2005 storm.

Revised New Orleans flood-risk maps on display

Published on: June 16, 2009 | By Berniard Law Firm

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.

Chinese drywall pre-trial matters to be handled in New Orleans

Published on: June 15, 2009 | By Berniard Law Firm

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.

Chinese drywall correction

Published on: June 15, 2009 | By Berniard Law Firm

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.