Class Action

Baton Rouge Benzene Spill Worse than Projected

June 21, 2012 | by Broussard, David & Moroux

ExxonMobil estimates that it accidentally released 28,700 pounds of naphtha at its Baton Rouge site June 14. Naptha contains the hazardous chemical benzene, a carcinogen recognized by the EPA. When ExxonMobil first reported the release to the state Department of Environmental Quality last week, it only reported a 10-pound spill.

Benzene is a hazardous, colorless liquid chemical that is quickly absorbed by the air. Benzene is an ingredient in gasoline, crude oil and cigarette smoke. Short-term inhalation can cause dizziness, headaches, nausea, convulsions and unconsciousness. Long-term inhalation or ingestion can lead to blood disorders and certain cancers.

Louisiana Lawmakers To Combat Lead Exposure

June 7, 2012 | by Broussard, David & Moroux

Three bills addressing lead contamination in schools, day care centers and playgrounds passed in the Louisiana Legislature last week. Upon the governor’s signature, Senate Bills 200, 201 and 211 will require new schools, day care centers and playgrounds to be inspected for lead contamination. The inspection results will then be publicly posted online. The bills also require agencies to publicly reveal federal lead contamination standards.

Lead poisoning is more pervasive than we perceive. Before 1978, when Congress outlawed the use of lead in construction, contractors commonly used lead in pipes and paint in homes, buildings and playgrounds. Unfortunately, the harmful effects of lead contamination continue to linger today in our buildings, water, air and soil, often affecting children. In fact, each year in the United States, approximately 310,000 children, ages 1 to 5, are found to have dangerous levels of lead in their blood.

FEMA Contractors Reach a $5 Million Deal in Class Action Trailer Settlement

May 31, 2012 | by Broussard, David & Moroux

Four FEMA contractors agreed to pay $5 million to gulf coast victims in a class action settlement last week. The settlement stems from pooled claims alleging gulf coast residents’ exposure to increased levels of formaldehyde in FEMA trailers after Hurricanes Katrina and Rita. Formaldehyde is a chemical that is a known carcinogen.

The class includes an estimated 60,000 plaintiffs from Louisiana, Texas, Mississippi and Alabama. These plaintiffs claim that their exposure to elevated levels of formaldehyde while living in the trailers caused various breathing problems and cancers. The funds will be distributed upon a U.S. District Court’s finding that the settlement is fair. This hearing will take place Sept. 27.

Louisiana lawmakers stall bill offering greater protection to whistleblowers

May 10, 2012 | by Broussard, David & Moroux

Louisiana lawmakers stalled a controversial bill this session that would have provided heightened protection to whistleblowers in the state. House Bill 364, authored by Rep. Walt Leger of New Orleans, purports to broadly prohibit employers in the state from taking any retaliatory action against an employee who blows the whistle on alleged unlawful activity in the workplace.

A whistleblower is a worker who discloses unlawful mismanagement, corruption or illegal activity taking place within the workplace to the government or the public. Typically, the reported activity must be in violation of a local, state or federal law. Many federal statutes offer broad protection to whistleblowers, especially government employees. State laws generally vary in terms of the level of protection offered to whistleblowers in the public and private sector.

Geismar Plant Explosion Releases Toxic Chemicals

March 22, 2012 | by Broussard, David & Moroux

This month, a fire and explosion at the Westlake Chemical Corp. Complex in Geismar resulted in an estimated 15 compounds being released over the Mississippi River in Ascension Parish. Only a few of those compounds, including hydrochloric acid, chlorine, vinyl chloride monomer exceeded the one-hour permit level set by the Department of Environmental Quality.

The cause of the fire is currently being investigated by the Westlake Chemical Corp., Department of Environmental Quality, the U.S. Occupational Safety and Health Administration, and Louisiana State Police. The vinyl chloride monomer plant will likely be unable to open again until May.

There were no injuries, however the incident has prompted responses from environmental groups concerned about the potential harm from exposure to harsh chemicals and civil suits in state district court. PVC facilities, such as this Geismar facility, have been a concern for many years due to the carcinogenic properties of vinyl chloride, even in small quantities. One particular group, Louisiana Environmental Action Network, said “The March 22 fire at the facility is of grave concern to the community because of the toxicity of the particular chemicals released.”

BP Oil Spill Settlement Reached

March 8, 2012 | by Broussard, David & Moroux

BP recently reached an estimated $7.8 billion settlement with private individual and business plaintiffs this month. Out of the settlement, the parties agreed to allocate $2.3 billion to claimants from the seafood industry. However this settlement is uncapped and only reflects BP’s estimate of the damages.

A court will actively monitor the process, ensuring that BP pays damages to all legitimate claims including compensation for economic loss and medical claims. However, mystery continues to surround the terms and conditions of the agreement, which is expected to be released mid-April. The court-monitored settlement appears to be replacing the Gulf Coast Claims Facility, which has already paid out an estimated $6 billion in compensation to approximately 221,000 claimants out-of-court.

Some plaintiffs’ lawyers suggest that this transparent approach will ensure that thousands of individuals receive compensation for their injuries. Even more significant, reports indicate that depending on the details of the agreement, thousands of new people across the Gulf Coast may become eligible to receive compensation and care for physical and mental health problems caused by the disaster.

Mississippi River Barge Collision Raises Questions about Maritime Law and Environmental Safety

February 9, 2012 | by Broussard, David & Moroux

Two barges collided in the Mississippi River near St. John the Baptist Parish this month, spilling an estimated 10,000 gallons of crude oil into the Mississippi River. No injuries were reported, and the cause of the accident remains unclear. This accident shows the relationship between maritime law and environmental safety.

In the maritime setting, a vessel owner or operator’s failure to take reasonable safety measures can lead to serious injury. For this reason, the crew’s health and safety should be a priority to vessel owners and operators. In addition, because large vessels often carry dangerous toxic chemicals, vessel owners and operators also owe a duty to the public to transport these chemicals safely.

Maritime law can be used to protect a seaman’s rights when he suffers an injury on the job. The Jones Act is a federal statute that protects maritime workers who are injured or killed on the job. Under the Jones Act, a worker must prove negligence on the part of his employer. Upon proof of negligence, an injured seaman is entitled to receive maintenance and cure, which includes a daily payment at a fixed rate and payment for medical expenses reasonably necessary to restore the seaman to health.

Consumer Discrimination Settlement Announced

December 5, 2011 | by Broussard, David & Moroux

This week Bank of America agreed to pay $335 million to people across the United States to settle claims of consumer discrimination. The Department of Justice (DOJ) and the Illinois Attorney General sued Bank of America, alleging that the bank’s recently acquired Countrywide Financial Unit offered mortgages to black consumers on less favorable terms than white consumers. According to the DOJ, this settlement is the largest ever settlement in a residential-fair-lending lawsuit.

In the lawsuit, the DOJ alleged that it found a pattern or practice of discrimination against black consumers, where over 200,000 black consumers were offered higher mortgages rates than their white counterparts. The DOJ also found evidence of sub-prime predatory lending in over 10,000 cases. The bank claims that this lending occurred prior to the bank’s involvement with the Financial Unit.

$365 Million Recovered for Victims

November 14, 2011 | by Broussard, David & Moroux

The U.S. Equal Employment Opportunity Commission (EEOC) recently reported its annual winnings for victims of workplace discrimination for the 2011 Fiscal Year. This year, the EEOC recovered a record $365 million for victims of workplace bias through administrative enforcement. The EEOC also recovered an additional $91 million dollars for victims of workplace discrimination this year through merit-based lawsuits.

The EEOC is a federal agency that investigates charges of workplace discrimination and assists victims in bringing lawsuits against employers under certain factual circumstances. The EEOC enforces federal anti-discrimination laws and plays a critical role in the success of an employment discrimination lawsuit.

After someone believes he or she has been discriminated against by an employer on the basis of sex, race, religion, age, national origin, or disability, the next step in brining a lawsuit against an employer is to file a charge with the EEOC. The EEOC will then investigate the claims and determine whether the alleged discrimination is in violation of federal law.

BP Oil Spill Update

November 7, 2011 | by Broussard, David & Moroux

A federal court judge recently ruled that the Mississippi attorney general’s lawsuit against the Gulf Oil Spill Fund’s administrator must be heard in state court. The judge ordered the case to be heard in state court because the lawsuit was brought under Mississippi’s consumer protection laws.

In his claim, Mississippi’s attorney general seeks to obtain the Gulf Coast Claim Facility’s administrative records. The attorney general believes that the records will reveal a lack of transparency in the claims administration process, including the denial of many legitimate claims and inequitable payments to claimants. Kenneth Feinberg, the Gulf Coast Claims Facility Administrator, denied these allegations and refused to hand over the records, claiming that the records were irrelevant to individual claims.

With an already expired Gulf Coast Claim Facility deadline for filing claims, a state court judge’s ruling could result in greater government intervention in the claims process. The Facility’s lack of transparency has troubled many victims of the Gulf Oil Spill and has also led to frustration and skepticism about BP’s intentions.