Insurance Dispute Lawyer Blog

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.

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

Weekend tip: Prepare for hurricane season with checklist

Published on: June 12, 2009 | By Berniard Law Firm

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

Chinese drywall bill in Louisiana sent to committee

Published on: June 12, 2009 | By Berniard Law Firm

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.