Louisiana Record -

Suit filed against two Louisiana law firms for allegedly helping misappropriate funds

Tue, 21 Feb 2012 19:23:00 CST

Godbey

DALLAS � Two Louisiana defense firms have been accused of helping finance mogul R. Allen Stanford misappropriate $7 billon in funds from investors.

Stanford is currently enmeshed in a criminal trial where he is accused of the second biggest case of investor fraud in the country's history after that of Bernie Madoff. Stanford has been in custody since 2009 while his former companies have been in the receivership of Ralph S. Janvey.

Janvey, on behalf of the Official Stanford Investors Committee, filed the suit on Feb. 16 in the U.S. District Court for the Northern District of Texas against New Orleans-based Adams and Reese, LLP and Baton Rouge-based Breazeale, Sachse and Winston, LLP.

The defendants are accused of helping financier Stanford and Stanford Financial defraud investors of more than $7 billion from 1998 to 2009.

The defendants are alleged to have been complicit in Stanford's supposed criminal actions and the plaintiffs are attempting to hold them liable for their reputed bad actions.

Damages in the amount of $1.8 million are being sought by the plaintiff.

A similar suit was filed on Feb. 17, 2011, but was dismissed due to some of the defendants never being served.

Janvey is being represented by Guy M. Hohmann of Austin-based Hohmann, Taube and Summers, LLP.

The case has been assigned to U.S. District Judge David C. Godbey.

Docket number 3:12-cv-00495-N

Individual cases begin to settle prior to BP Deepwater Horizon trial

Tue, 21 Feb 2012 12:28:00 CST

NEW ORLEANS � Recent settlements in BP Deepwater Horizon litigation have led to speculation that U.S. District Judge Carl Barbier is making moves to limit the case before it goes to trial on Monday, Feb. 27.

Although only four litigants have so far reached settlements, some expect a flurry of activity.

The latest settlement was with offshore worker Oleander Benton.

Benton was injured in the initial explosion that set off a chain of events that would leave the open oil well spewing into the Gulf for months to come. There are around 40 other work-related injury and wrongful death lawsuits in the case.

Earlier this month Weatherford International, maker of a float collar used in the botched cement cap job by Halliburton, was dismissed from the case entirely. Weatherford had come to an earlier settlement with BP for $75 million.

Late last year blowout preventer manufacturer Cameron International Corporation settled with BP for $250 million.

MOEX Offshore, who held a 10 percent stake in the well, settled out-of-court with BP for $1 billion. MOEX also made a landmark settlement concerning their partial stake in Clean Water Act violations aimed at restoring environmental conditions in five Gulf Coast states.

In that case, MOEX was required to pay $45 million in civil penalties to the federal government and a total of $25 million combined to Louisiana, Florida, Texas, Alabama and Mississippi. The company was also ordered to pay $20 million for land acquisition projects.

In October 2011, Anadarko Petroleum Corporation became the first to settle in the case by handing over its 25 percent stake in the well to BP in exchange for BP taking on all litigants with claims against the company. The move cost Anadarko $4 billion.

Officials at BP have stated in other reports that it is open to settling reasonable claims, which would seem to put the onus on the plaintiff steering committee to ultimately get the job done by lowering their requested settlement claims.

Provost Umprhey gets $17M jury verdict for benzene plaintiff in Lake Charles

Tue, 21 Feb 2012 12:19:00 CST

Brown

LAKE CHARLES - A plaintiff represented in part by Provost Umphrey attorney Darren Brown recently reaped a $17.5 million verdict in his benzene suit against several oil giants.

According to an article in the Gilmer Mirror, a one week trial against Chevron USA, Inc., Texaco, Inc. and Unocal ended on Feb. 10 in Calcasieu Parish with the jury awarding the plaintiff $17,498,391.87 in damages.

The article states the plaintiff was a former petroleum inspector and suffered extensive benzene exposure in his work upon ships and barges in Southwest Louisiana and Southeast Texas.

This exposure allegedly caused acute myelogenous leukemia, which he was diagnosed with at the age of 48, the article states.

Attorney Wells Watson with Baggett, McCall, Burgess, Watson & Gaughan in Lake Charles also represented the plaintiff.

Defendants' lawyers were Robert Scott with Blank Rome, and Gary Bezet with Kean Miller.

Survivor of helicopter crash sues for $12 million

Tue, 21 Feb 2012 08:42:00 CST

NEW ORLEANS - A survivor of a helicopter crash has filed a lawsuit for $12 million arguing that the crash was a result of an improperly maintained helicopter and a careless pilot.

Ferris Clark Sr. filed suit against PHI Inc., Bell Helicopter Textron Inc., and Allianz Global Corporate & Specialty AG on Feb. 13 in federal court in New Orleans.

The helicopter crash occurred on March 24, 2011 as Clark was being transported from an offshore platform.

According to the lawsuit, after the helicopter had lifted off from the platform and entered the airspace above the Gulf of Mexico, it began to spin and lose altitude, eventually crashing into the waters of the Gulf of Mexico. The helicopter was situated upside down in the water and Clark was initially trapped by his seat belt.

Clark states that it was only with great difficulty that he was able to escape the cabin of the helicopter.

The helicopter at issue was a Bell manufactured 206L-3 helicopter, N32041.

Defendant PHI is accused of negligence for failing to properly inspect, maintain and service the helicopter, for operating a helicopter that was unfit for use and which failed to keep rotor effectiveness, for failing to have adequately train, instruct, and supervise employees, for employing a pilot who operated the helicopter in an unsafe, carless and reckless manner, and for failing to conduct regular and periodic checks on employees.

Defendant Bell Helicopter Textron is accused of negligence for manufacturing an unreasonably dangerous product, failing to have adequate operating guidelines, instructions and warnings, and for manufacturing a product which does not conform to the express warranty of the manufacturer.

The plaintiff is asking the court for damages for medical expenses, lost wages, income, earning capacity and employment related benefits, physical pain and suffering, mental pain and suffering, disability, disfigurement, inconvenience, embarrassment, humiliation, loss of ability to pursue happiness and personality change, interest, and court costs.

Clark is represented by Stanley J. Jacobs and Jodi Jacobs Aamodt of Jacobs, Manuel, Kain & Aamodt of New Orleans and Philip F. Cossich Jr. and Darren D. Sumich of Cossich, Sumich, Parsiola & Taylor in Belle Chasse.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:12-cv-00411

Roustabout sues after being knocked down by pressurized hose

Tue, 21 Feb 2012 08:37:00 CST

NEW ORLEANS - A roustabout has filed a lawsuit against Ensco after allegedly suffering disabling injuries when a pressurized hose knocked him onto the deck of an oil platform.

Brandon Sims filed suit against Baker Hughes and Ensco Offshore Co. on Feb. 14 in federal court in New Orleans.

The incident occurred on Dec. 22, 2011 while Sims was employed as a roustabout by Ensco Offshore. Sims states that he was attempting to perform his assigned duties when he suffered injuries due to a pressurized hose coming loose and throwing Sims backward on the deck.

The defendants are accused of negligence for failing to provide Sims with a safe place to work, failing to adequately supervise the task being performed, failing to warn of the pressure in the house being handled by Sims, and for failing to clear the hose of pressure before Sims handled the hose.

The plaintiff is asking the court for more than $1.5 million in damages for medical expenses, physical pain and suffering, mental pain and suffering, lost wages and loss of earning capacity, maintenance and cure, interest, attorney's fees and court costs.

Sims is represented by George W. Bryne Jr., Evette E. Ungar and Cheryl L. Wild of Ungar & Bryne in New Orleans.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:12-cv-00421

Architect sues New Orleans company for not installing functional shutters

Tue, 21 Feb 2012 08:31:00 CST

Cangelosi

NEW ORLEANS - One of New Orleans premier historic architects has filed a lawsuit against a window company for installing shutters on his house that do not provide protection from high winds.

Robert J. Cangelosi Jr. filed a lawsuit against New Orleans Hurricane Shutters and Windows on Feb. 14 in federal court in New Orleans.

According to the lawsuit, Cangelosi entered into a sales agreement with the defendant on Feb. 14, 2011 to install shutters on his residence in New Orleans. The agreement was funded by money Cangelosi received from FEMA's Hazard Mitigation Grant Program.

The installed shutters failed to fit the openings and lacked any mechanism by which they could be secured, Cangelosi claims. He states that the shutters as fabricated and installed do not provide protection from high winds as detailed by the FEMA grant program.

Attempting to remedy the problem, Cangelosi called New Orleans Hurricane Shutters and complained about the shutters' fabrication and installation.

Over the next several weeks, he called and complained about the shutters but received no response from the company, he claims. Due to his dissatisfaction, he withheld the remaining $3,750 balance that was due.

In August, Cangelosi states he received a demand-for-payment letter from an attorney for New Orleans Hurricane. After receiving the letter, he called the company again and was told that New Orleans Hurricane would not fix the shutters' problems.

After being accused of committing a crime, he paid the remaining balance.

In order to satisfy his needs and the requirements of the FEMA grant program, Cangelosi states that he would have to have the shutters removed and new ones made and installed by another company.

The defendant is accused of defamation, extortive threats, breach of contract, and violations of the Fair Collection Practices Act, the Louisiana Unfair Trade Practices Act, and violations of other Louisiana civil codes.

The plaintiff is asking for a full refund of the $7,500 paid to New Orleans Hurricane, an award of damages and penalties under the Fair Debt Collection Practices Act, damages for tortious conversion, defamation, humiliation, loss of enjoyment of life, and for mental anguish, plus interest, court costs and attorney's fees.

Cangelosi is represented by Sally D. Fleming and Owen M. Courreges of the Law Offices of Sally Dunlap Fleming in New Orleans.

U.S. District Judge Helen G. Berrigan is assigned to the case.

Case No. 2:12-cv-00427

Tug boat captain sues after vessel's hatch hits him in head

Tue, 21 Feb 2012 08:21:00 CST

deGravelles

NEW ORLEANS - A tug boat captain has filed a lawsuit against his employer for negligence after he was struck in the head by a hatch.

Warren James Soileau Jr. filed suit against AC Marine Inc. and ABC Insurance Co. on Feb. 14 in federal court in New Orleans.

The alleged incident occurred on March 1, 2011 while Soileau was employed by AC Marine as the Captain of the tug boat the M/V Travis Henry.

Soileau states that he was traveling aboard the vessel from the engine room when he was struck in the head by a hatch, which was used to access a small passageway in the vessel's interior. He states that the incident has left him permanently disabled.

The defendant is accused of negligence for failing to repair the defective latch on the hatch, a defect of which the defendant was aware, and for for failing to provide adequate equipment and crew to do the job safely.

Soileau states that the vessel was unseaworthy as the vessel was not reasonably fit for the open waters of the Gulf of Mexico.

The plaintiff is seeking an award of damages for lost wages and impairment of earning capacity, medical expenses, physical injury and disability, physical pain and suffering, mental anguish and distress, loss of found, loss of enjoyment of life, interest and court costs.

Soileau is represented by John W. deGravelles and Stephanie B. Hulett of deGravelles, Palmintier, Holthaus & Fruge in Baton Rouge.

U.S. District Judge Jane Triche Milazzo is assigned to the case.

Case No. 2:12-cv-00430

Laborer sues after falling down stairs of oil tanker

Tue, 21 Feb 2012 08:19:00 CST

NEW ORLEANS - After falling down the stairs of an oil tanker, a laborer claims that he is permanently disabled and is suing for more than $1 million.

Mariano Lisojo filed suit against Bollinger Marine Fabricators and ABC Insurance Co. on Feb. 10 in federal court in New Orleans.

The alleged incident occurred on July 13, 2011 while Lisojo was working aboard an oil tanker owned and operated by Bollinger Marine Fabricators.

Lisojo states that he was required to walk down stairs that were without lighting and he fell, sustaining injuries.

The defendants are accused of negligence for allowing a seriously dangerous condition to exist on the oil tanker, failing to provide adequate lighting, failing to properly supervise the employees of Insulation Technologies as to proper procedures aboard the tanker, allowing and promoting dangerous practices to occur, failing to provide safe ingress and egress on board the oil tanker and for failing to provide a safe place to work.

The plaintiff is asking the court for damages for permanent disability, physical and mental pain and anguish, loss of bodily function, embarrassment, interest, and court costs.

Lisojo is represented by C. Arlen Braud, II and Michelle O. Gallagher of Braud & Gallagher in Madisonville.

U.S. District Judge Jay C. Zainey is assigned to the case.

Case No. 2:12-cv-00401

St. Landry Parish man sues after suffering burn injuries when vessel sinks

Tue, 21 Feb 2012 08:17:00 CST

NEW ORLEANS - A St. Landry Parish seaman has filed a Jones Act lawsuit that claims he suffered burn injuries when the vessel he was working aboard started to sink.

Marc Mayer filed suit against TK Towing Inc., TK Marine Services, Phoenix Exploration Co., CCS Energy Services and CCS 7525 on Feb. 6 in federal court in New Orleans.

According to the lawsuit, Mayer was a crewmember aboard the M/V CCS Leader I on Aug. 11, 2010 when the alleged incident occurred.

Mayer states he was performing his duties as a seaman when suddenly and without warning the vessel began to sink. He sustained burn injuries in the incident, he claims.

The defendants are accused of negligence for failing to provide a safe place to work, failing to warn Mayer of the dangerous and unsafe conditions of the vessel, failing to exercise care in discovering and correcting any and all unsafe conditions, creation and maintenance of an unseaworthy vessel, failing to properly maintain the vessel, and failing to provide Mayer with the proper equipment or personnel to accomplish his job in a reasonably safe manner.

The defendants are also accused of failing to provide competent and adequate supervisory authority, hiring untrained and unskilled employees, retaining employees found to be careless or unskilled, and for failing to properly man the vessel.

The plaintiff is asking for an award of damages for medical expenses, pain, mental anguish, disability, attorney's fees, court costs, maintenance and cure, punitive damages, and interest
Mayer is represented by David C. Whitmore and Lawrence Blake Jones of Scheuermann & Jones in New Orleans.

U.S. District Judge Kurt D. Engelhardt is assigned to the case.

Case No. 2:12-cv-00362

Mississippi seaman sues after foot becomes caught in auger

Tue, 21 Feb 2012 08:14:00 CST

NEW ORLEANS - A Mississippi seaman has filed a lawsuit against his employer after he got his leg and foot caught in an auger.

Lucky K. Underwood II filed suit against Rowan Companies Inc. on Feb. 9 in federal court in New Orleans.

The alleged incident occurred on Aug. 26, 2011 while Underwood was working aboard the Rowan Louisiana. Underwood states that he was working to change a shaker screen, when his foot, ankle and leg became caught in the auger.

According to the lawsuit, the auger was supposed to be covered by protective grating. Underwood's foot became caught in an area where approximately 12 inches of grating had been removed in order for work to be performed on a gear box and maintenance of the auger.

The defendant is accused of negligence for removing the area of protective grating, leaving the auger exposed without protective grating or guards, failing to warn of the lack of protective grating, failing to implement safety policies regarding the auger, failing to follow applicable safety and operating procedures, and for the failure to follow governmental and industry rules, regulations and standards.

The plaintiff is seeking damages for physical and mental injury, pain and suffering, mental anguish, distress, fright, loss of earnings, loss of earning capacity, loss of fringe benefits, loss of enjoyment of life, medical expenses, punitive damages, interest and court costs.

Underwood is represented by Joseph E. Cain of Herman, Herman, Katz & Cotlar in New Orleans. A jury trial is requested.

U.S. District Judge Jay C. Zainey is assigned to the case.

Case No. 2:12-cv-00394