Louisiana Record -

Compromise announced on 'legacy lawsuit' reform

Thu, 17 May 2012 10:00:00 CST

BATON ROUGE � After weeks of contentious debate, a compromise has been announced on legacy lawsuit reform.

Only hours after a committee meeting was canceled at which a bill favoring energy producers was to be heard, Department of Natural Resources Secretary Scott Angelle announced that landowners and energy producers had come to an agreement.

Legacy lawsuit reform has been a major issue this legislative session pitting energy producers against landowners and trial attorneys over pollution cleanup costs at former oil drilling sites.

Louisiana Lawsuit Abuse Watch Executive Director Melissa Landry said the compromise was a hard fought effort.

"From the beginning of the legacy lawsuit debate, LLAW has urged leaders to find a resolution that would put the science-based environmental cleanup of our lands before money-based litigation and in many instances greed-driven lawsuit abuse," Landry said.

"It seems after many months of discussion, they have achieved just that � but so far only in principle � and the result is a plan for new legislation that will effectively balance environmental and economic interests, while protecting and preserving landowner's rights."

Under the agreement energy producers will get the reform they pushed for throughout the session by allowing defendants in the cases to admit liability for environmental remediation without admitting liability for damages beyond the cost of cleanup of polluted sites.

The compromise version will provide added oversight of cleanup plans for each polluted site.

In the version pushed by the energy industry, the Department of Natural Resources alone would have been tapped to develop a remediation plan to be introduced in court as evidence.

The compromise plan will bring in remediation oversight by allowing analysis and comments by the Secretary of the Department of Environmental Quality and the Commissioner of Agriculture, in addition to the Secretary of the Department of Natural Resources.

Landry warned that although the compromise announcement is promising, trial attorneys and other interested parties on the landowner's side of the issue may still try to sink the plan.

"With just over two weeks left in the Legislative Session, the clock is ticking," she said.

"It's clear that those who are profiting from the flaws in the current system will continue to seek ways to preserve it, making it imperative that our leaders in the House and Senate quickly come together to pass these important reforms as agreed to. Louisiana's system for handling these abusive suits has been broken, and fixing it now is the only way forward that makes sense for Louisiana's citizens and our state's job base."

New 'legacy lawsuit' reform bill to heard in Senate committee today

Wed, 16 May 2012 12:11:00 CST

BATON ROUGE � A new bill concerning legacy lawsuit reform is set to be heard in a Senate committee later today.

The bill, SB443, sponsored by J.P. Morrell, D�New Orleans, contains the same language as an earlier proposal - HB618 - that was stopped on its arrival to the Senate after receiving overwhelming approval in the House.

Both SB443 and HB618 would allow energy companies to admit fault for pollution from past activities and have an environmental remediation plan developed by the Department of Natural Resources that would be entered into evidence in cases.

The push to pass SB443 is seen as a response to the failure of Senate leadership to assign HB618, sponsored by Neil Abramson, D�New Orleans, to a committee. SB443 was assigned to Judiciary A on March 12th, long before the legacy issue became a hot topic in this legislative session.

"Bills should be referred to the proper committee according to the technical rules," said U.S. Senator David Vitter.

"And its very clear to me in the case of Abramson's bill that's Judiciary A and the exact same J. P. Morrell bill was referred there on the Senate side weeks ago, which sort of proves my point and the problem with the other side was that they were not all focused on (SB443), so that let it go."

SB443 is on the agenda in the Judiciary A committee and will be heard following adjournment of the Senate today.

"I feel very comfortable that we'll have a good hearing in Senate Judiciary A and that we'll be able to hear it on the Senate floor and they'll be able to move it forward into the House," said Don Briggs, President of the Louisiana Oil and Gas Association. "Do I think time is short? Yes. But we're fighting for every inch we can get."

Allstate adjuster claims age discrimination

Wed, 16 May 2012 08:29:00 CST

Arruebarrena

NEW ORLEANS - A former Allstate claims adjuster has filed a discrimination lawsuit against the insurance company allegeing that she was terminated because of her age.

Carolyn Stansbury filed suit against The Allstate Corp. on May 5 in federal court in New Orleans.

Stansbury began working for Allstate in 1974 and was promoted to an adjuster in 1978. She states that she was rated "outstanding" in 2010 for her job performance.

Stansbury claims she was terminated from her position in March 2011 for allegedly manipulating the days she investigated a claim.

She claims this was a pretext for age discrimination.

The defendant is accused of violating the Age Discrimination in Employment Act and the Louisiana Employment Discrimination Law.

The plaintiff is asking the court to restrain the defendant from engaging in such unlawful practices and for an award of back pay, front pay, interest, compensatory damages for pain and suffering, emotional distress, mental anguish, loss of reputation, embarrassment, and humiliation, punitive damages, court costs, and attorney's fees.

Stansbury is represented by New Orleans attorneys James L. Arruebarrena and Rachel Martin-Deckelmann. A jury trial is requested.

U.S. District Judge Susie Morgan is assigned to the case.

Case No. 2:12-cv-01141

Seaman sues after leg crushed between lifeboat and offshore drilling rig

Wed, 16 May 2012 08:25:00 CST

Steele

NEW ORLEANS - After his leg was crushed between a lifeboat and an offshore drilling rig, a Plaquemines Parish seaman has filed a lawsuit that claims that he was not warned about dangers aboard the rig.

Robby Lee Russell filed suit against Transocean Offshore Deepwater Drilling Inc. on May 4 in federal court in New Orleans.

The alleged incident occurred on April 12 while Russell was assisting in a quarterly inspection of the lifeboats aboard the Deepwater Nautilus. Russell states that he was accompanying a crew on a test voyage and he was assigned to return the lifeboat to its normal position.

He claims that the life boat suddenly accelerated into the side of the offshore drilling rig and his right leg was crushed between the lifeboat and the Deepwater Nautilus.

The defendant is accused of negligence for failing to properly supervise its employees, failing to warn about the dangers aboard the Deepwater Nautilus, failing to properly train or supervise crewmen, failing to provide Russell with a safe place to work, and failing to adequately equip the Deepwater Nautilus vessel with proper equipment required to perform certain operations.

The plaintiff is asking the court for an award of damages for physical pain and suffering, mental pain, suffering and anguish, medical expenses, lost wages, loss of earning capacity, disfigurement and disability, loss of enjoyment of life, maintenance, cure, interest, attorney's fees and court costs.

Russell is represented by Gretna attorney Ronna M. Steele.

U.S. District Judge Nannette Jolivette Brown is assigned to the case.

Case No. 2:12-cv-01145

Sherwin-Williams sued for not instructing business on proper application of UV resistant paint

Wed, 16 May 2012 08:22:00 CST

NEW ORLEANS - Claiming its floor is grossly discolored as a result of the improper application of UV resistant paint, a marine sales and service business has filed a lawsuit against Sherwin-Williams for the cost associated with removing the old paint and applying a new coat of paint and UV resistant top coat.

Bow2Stern Services Inc. filed suit on May 4 in federal court in New Orleans.

Bow2Stern Services owns a 14,200 square foot building in Houma for its marine engine component sales and service business.

The plaintiff claims it hired Sherwin-Williams for the application of the floor paint and topcoat of surface products on the floor of the newly constructed building.

The plaintiff claims it has large sections of grossly discolored flooring, which is distracting and unprofessional looking.

The defendant is accused of breaching its duty to provide correct instructions in the use, application and placement of the paint.

Bow2Stern Services is asking the Court for an award of damages for cots of labor, paint and topcoat products, remediation costs, labor, lost work time, lost profits, court costs, and interest.

The plaintiff is represented by Thomas K. Watkins Jr. and Samuel J. Markus of the Markus Law Firm in Houma.

U.S. District Judge Carl J. Barbier is assigned to the case.

Case No. 2:12-cv-01137

Tire dealer sued after technician fails to put lug nuts back onto wheel

Wed, 16 May 2012 08:18:00 CST

NEW ORLEANS - A New Orleans woman is suing a Carrollton auto care company after one of its technicians failed to put lug nuts back onto a wheel of her vehicle and the tire abruptly came off causing her to suffer injuries.

Cynthia Long and Terry Lewis filed suit against Firestone Complete Auto Care Carrollton and Bridgestone Retail Operations on March 23 in Orleans Parish District Court. The case was removed to federal court in New Orleans on May 2.

The alleged incident occurred on Jan. 14 after Long brought Lewis' 1999 Chrysler Sebring convertible to Firestone-Carrollton for regular maintenance, including a balance recheck and tire rotation.

After about 30 minutes of work in the service bay, the vehicle was returned to Long. As she drove the vehicle from the parking lot and onto South Carrollton Avenue, she noticed an unusual vibration. Before she could return the vehicle to Firestone-Carrollton, the front left wheel fell off of the vehicle and caused the left end of the vehicle to drop and come to a sudden stop. Long hit the steering wheel and suffered injuries, which required surgery.

According to the lawsuit, Firestone-Carrollton representatives left their facility and, with a portable jack, lifted the vehicle and installed the wheel that had come off using lug nuts that were not installed prior to Long operating the vehicle.

The defendants are accused of negligence for failing to perform their work in a workman-like manner, failing to follow the standard of care applicable, failing to properly reinstall the left front wheel, failing to replace the lug nuts on the front left wheel, failing to ensure that the lug nuts were installed and tightened to an adequate level of torque, failing to provide quality assurance in connection with the work performed, and for failing to warn Long that they had not installed the wheel or had not properly installed the lug nuts, or properly replaced the lug nuts.

Long and Lewis are asking for an award of general damages, special damages, attorney's fees, court costs, and interest.

The plaintiffs are represented by Thomas E. Loehn of Boggs, Loehn & Rodrigue in Metairie and New Orleans attorney Brandy Gonzales Scurria.

U.S. District Judge Nannette Jolivette Brown is assigned to the case.

Case No. 2:12-cv-01125

Energy industry proponents push new bill in legacy lawsuit struggle

Mon, 14 May 2012 18:18:00 CST

Briggs

BATON ROUGE � Energy industry proponents are preparing to introduce a new bill in committee on Wednesday that would reform the way legacy lawsuits are handled.

"Right now we've rejected all of the proposals that have been sent to us and we're hoping on Wednesday to have a special hearing on Senate Bill 443 by J.P. Morrell," said Don Briggs President of the Louisiana Oil and Gas Association. "That's what we are going to try to move with an amendment."

Senator Jean-Paul Morrell, D�New Orleans, is sponsoring SB443, which is much like an earlier bill that passed by a large margin in the House - HB618 - but which still has not been assigned to a committee since arriving in the Senate on May 3.

Briggs the new bill is being shaped to be even more "favorable" toward the energy industry.

"I feel very comfortable that we'll have a good hearing in Senate Judiciary A and that we'll be able to hear it on the Senate floor and they'll be able to move it forward into the House," he said. "Do I think time is short? Yes. But we're fighting for every inch we can get."

The legislative session is set to end in just over three weeks on June 4, but Briggs said he is confident that there is enough time in the session still for legacy lawsuit reform to pass.

"Wednesday is an important day for us and then I feel it'll go on to the floor and we'll just keep on chugging," Briggs said. "We're down to the wire. We don't have any hiccup days so to speak."

Controversial presentation on creating 'legacy lawsuits' uncovered

Fri, 11 May 2012 10:59:00 CST

Griffin in a screen shot of his Legacy Lawsuit video

BATON ROUGE � A video has recently surfaced that shows a consultant advising a group of trial lawyers to find the defendants with deep pockets when pursuing a "legacy lawsuit."

Consultant Bill Griffin, speaking at the South Texas College of Law, Energy Institute for Attorneys and Landmen Sept. 7-8, 2006, encouraged attorneys to go after the wealthiest defendants and compared legacy cases to winning the lottery.

"Those top lawsuits are big money, hot topic, big issues in Louisiana," said Griffin. "Now I also say it is like wining the lottery because that is the plan with these legacy lawsuits."

Griffin also advocated not getting into cases with small producers alone.

"Why sue someone and prevail if they are just going to turn around go belly up? So we've got to look for those deep pockets," said Griffin.

A two minute excerpt of Griffin's half-hour presentation was recently obtained by the American Tort Reform Association. The presentation systematically laid out how trial attorneys should scour aerial photos to identify dump pits at former drilling sites, as well as use naturally occurring disturbances in the environment related to salt domes to make it seem like naturally occurring mineral deposits were the fault of oil producers.

"When I find these things maybe I am just going to pretend the oil companies did it, not the salt domes. It's tough to name god as a defendant. The oil companies did it," said Griffin.

Griffin, a former plaintiff's expert witness, made the comments in 2006 just as the state of Louisiana passed reform laws to obligate a significant portion of money from these lawsuits to environmental remediation. On its website, ATRA claims plaintiff's lawyers sought ways "to use the law unfairly for their own gain."

Melissa Landry, Executive Director of Louisiana Lawsuit Abuse Watch called the video astounding and said a recent article on the issue by the Heritage Foundation should bring more attention to legacy lawsuit reform.

"As the legislative debate over legacy lawsuits reaches a boiling point, this article puts Louisiana back in the national spotlight and adds more fuel to the argument that our system for handling these abusive suits is broken, and our state leaders need to fix it now," said Landry.

A video excerpting parts of the presentation can be found here: http://www.youtube.com/watch?feature=player_embedded&v=15UOk1rGsh8.

A pdf of the slide presentation can be found here:
http://www.scribd.com/doc/92843392/Griffin-Seminar-Paper

Plumbing company sued by customer claiming they charged her for incomplete repairs

Wed, 09 May 2012 15:57:00 CST

GRETNA � A Kenner woman is suing a Metairie-based plumbing company for not completing work for which she paid them.

Darleen Danehower filed suit on May 1 against Clearview Plumbing and Heating, Inc. and its insurer in the 24th Judicial District Court.

Danehower claims she paid Clearview Plumbing and Heating to replace 117 feet of pipe under her home's slab in the kitchen area. The plaintiff claims she received an invoice from the defendant noting the metal pipes had been replaced with new plastic pipe. Danehower asserts that when she paid another contractor to pump sand underneath her home video images from underneath the home, provided by the contractor, revealed broken pipes and that no pipes in the area had been replaced.

Damages in the amount of $12,105.37 are sought in refund and for associated costs.

Danehower is being represented by Adrienne L. Black of New Orleans-based Sullivan, Stolier, Kovata and Knight.

The case has been assigned to Division B Judge Cornelius E. Regan.

Case number 714-365.

Man sues hospital after bumping head while reclining in chair at ER

Wed, 09 May 2012 15:44:00 CST

GRETNA � A Jefferson Parish man is suing a local hospital for injuries he claims occurred on their premises.

Henry J. Williams filed suit on May 1 against East Jefferson Parish Hospital in the 24th Judicial District Court.

Williams claims he was visiting a friend in the hospital's emergency room when he sat in an orthopedic chair and when reclining it struck his head on the wall. The plaintiff alleges the reclining mechanism in the chair was defective.

The defendant is accused of creating and allowing a hazard, failing to warn of the hazard and failing to maintain the chair in a safe condition.

An unspecified amount in damages is sought for pain and suffering, emotional distress, inconvenience and anguish.

Williams is being represented by attorney James B. Guest of Kenner.

The case has been assigned to Division I Judge Nancy A. Miller.

Case number 714-320.