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Federal Judge Dismisses Levee Authority’s Lawsuit Against Oil and Gas Companies

February 20, 2015 | by Broussard, David & Moroux

Back in October, we wrote about an ongoing lawsuit filed by the Southeast Louisiana Flood Protection Authority against eighty-eight oil and gas companies operating off the Louisiana coast. Last Friday, February 13, 2015, this lawsuit saw its final days in court, as Federal Judge Nannette Jolivette Brown dismissed the lawsuit under Rule 12(b)(6) of the Federal Rules of Civil Procedure for the plaintiff’s failure to state a claim upon which relief can be granted.

The Levee Authority filed this lawsuit ostensibly under its authority to “ensure the physical and operational integrity of the regional flood risk management system.” Their central contention was that the defendant oil and gas companies’ operations “have led to coastal erosion in the Buffer Zone, making south Louisiana more vulnerable to severe weather and flooding.” The Buffer Zone is an area in which the defendant oil companies currently operate and extends from the Mississippi River “through the Breton Sound Basin, the Biloxi Marsh, and the coastal wetlands of eastern New Orleans and up to Lake St. Catherine.”

The Levee Authority’s specific claims were that the defendants dredged a network of access canals for transportation of oil and gas products, which killed off much of the vegetation, caused sedimentation inhibition, erosion, and subsequent submergence of coastal land. Additionally, the Levee Authority claimed that the defendant oil companies failed to properly maintain the access channels and canals, which exacerbated erosion of canal banks, creating wider, deeper canals than permitted.

Gretna Dog Attack Leaves Four-Year-Old Child Injured

February 13, 2015 | by Broussard, David & Moroux

A Gretna mother recently filed suit for injuries sustained by her four-year-old son during an attack by a neighborhood pit bull. The plaintiff alleges that the defendant, who keeps four pit bulls in his fenced-in yard next door to the plaintiff, failed to supervise and control the dogs thereby negligently permitting them to roam the neighborhood from an opening in the fence.

The plaintiff claims that, on the day of the incident, her son was chasing their family cat around the neighborhood when he ran by the opening in their neighbor’s fence through which the dogs commonly exited the yard. As the child approached this opening, one of the pit bulls reached through the opening in the fence, biting the child and dragging him through to the neighboring yard. The child sustained scratches and lacerations to his face and skull, severe lacerations to his thigh, puncture wounds, bruises, and contusions.

Like most, if not all, jurisdictions, Louisiana recognizes negligence as a theory of liability upon a showing that the defendant (1) owed a duty of care, (2) the defendant breached the duty owed, (3) the defendant’s substandard conduct was both a cause-in-fact and legal cause of the plaintiff’s injuries, (4) actual damages. Successfully proving each of these elements establishes a prima facie case of negligence from which a plaintiff may recover for damages sustained.

Customer Injured at Metairie Macy’s: Premises Liability in Louisiana

February 9, 2015 | by Broussard, David & Moroux

A Macy’s Department Store in Metairie recently became the subject of a premises liability action filed by a customer who reportedly slipped on a rug while shopping in the store.

The plaintiff reported that, in early December of 2013, she tripped and fell on a rug that was placed on the floor. As a result of her fall, the plaintiff claims that she injured her knee in the process. Attorneys for the plaintiff claim that the placement of the rug “created and represented an unreasonable risk of harm,” as well as demonstrating the merchant’s failure to properly inspect the premises and maintain a reasonably safe condition. The plaintiff seeks over $50,000 in compensatory damages.

The plaintiff’s lawsuit falls under the recognized theory of liability known “premises liability.” Premises liability against merchants is recognized in Louisiana and governed by Louisiana Revised Statutes 9:2800.6. This statute provides: “A merchant owes a duty to persons who use his premises to exercise reasonable care to keep his aisles, passageways, and floors in a reasonably safe condition. This duty includes a reasonable effort to keep the premises free of any hazardous conditions which reasonably my give rise to damage.”

Federal Government Agrees to Settlement with Gulf-Polluting ATP Infrastructure Partners, LP

January 15, 2015 | by Broussard, David & Moroux

Operating in violation of both the Clean Water Act (CWA) and the Outer Continental Shelf Lands Act (OCSLA), ATP Infrastructure Partners LP (ATP-IP) has agreed to pay a $1 million civil penalty to settle a federal lawsuit over illegal discharges of oil and chemicals from an oil platform in the Gulf of Mexico.

The lawsuit, instituted by the United States, was resolved by way of joint judicial enforcement action involving the Environmental Protection Agency (EPA), the Bureau of Safety and Environmental Enforcement (BSEE), and the Justice Department.

In its complaint filed in the U.S. District Court for the Eastern District of Louisiana, the United States alleged that ATP-IP “violated Section 311(b)(3) of the CWA when oil and other pollutants were discharged into the Gulf of Mexico from the ATP Innovator.” Violation of this provision in the CWA opened up ATP-IP to possible civil penalties. The United States also urged that ATP-IP was liable for injunctive relief under OCSLA, “as the owner of the ATP Innovator … [for] hidden piping configuration [that] was being used to inject a chemical dispersant into the facility’s wastewater discharge outfall pipe to mask excess amounts of oil being discharged into the ocean.”

Motorcycle Accident Results in Fatality

October 10, 2014 | by Broussard, David & Moroux

A motorcycle accident claimed the life of a Converse man in late September 2014. According to authorities, the victim was operating a 2003 Harley Davidson motorcycle, traveling south on US 171 when a Toyota Camry pulled into his path. Upon impact with the Toyota, the victim was ejected from his motorcycle and suffered severe injuries which later claimed his life.

Motorcycle accidents occur with frightening regularity and can range in severity, from minor collisions to accidents that result in severe injury or death. In 2012, according to the National Highway Traffic Safety Administration, 4,957 people died in motorcycle crashes, up 7.1 percent from 4,630 in 2011. And in 2012 alone, 93,000 motorcyclists were injured in automobile accidents. So far, 2014 has proved to be no exception: in Louisiana, there have already been 1,909 motorcycle accidents, with 74 of those resulting in fatalities. Unfortunately, the nature of riding motorcycles is inherently risky.

As a motorcyclist, you’re exposed and vulnerable to inattentive drivers around you, effectively leaving your safety in the hands of others which often leads to injury.

Jeanerette Man Killed in Multi-Vehicle Collision on U.S. Highway 90

May 4, 2014 | by Broussard, David & Moroux

A three-vehicle collision on U.S. Highway 90 claimed the life of a Jeanerette resident after a 2007 Mercury traveling eastbound crossed the median and struck the vehicle travelling westbound by the victim. After colliding with the victim, the motorist driving the Mercury struck another vehicle also traveling westbound by a New Iberia resident. All three motorists were properly wearing their seatbelts and impairment was not suspected in the accident, although an investigation is underway. The Jeanerette man was transported to the hospital in critical condition, where he later succumbed to his injuries. The other two motorists were treated at a local hospital for minor-to-moderate injuries.

Six-Year-Old Boy Killed in Hit-and-Run; Suspect Arrested

February 6, 2014 | by Broussard, David & Moroux

A six-year-old boy along with his nine-year-old sister were struck at a crosswalk at a Gentilly intersection by a man driving a Honda Crosstour, who immediately fled the scene after hitting the children with his vehicle. The boy died shortly after he was transported to a local hospital while his sister suffered only minor injuries. Local law enforcement acted swiftly and arrested the hit-and-run driver only a few hours later, charging him with manslaughter, attempted manslaughter, hit-and-run, and reckless operation of a motor vehicle.

Explosion at the Chevron Pascagoula Refinery Killed a Worker

November 27, 2013 | by Broussard, David & Moroux

An explosion at the Chevron Pascagoula Refinery claimed the life of a worker after a fire ignited an explosion in the furnace where the man was working. According to the director of the Jackson County Emergency Services, fire units extinguished the flames and prevented any harmful chemicals from being released to the public. An investigation of the explosion is currently underway.

Suit Settled in Death of St. Bernard Man

November 18, 2013 | by Broussard, David & Moroux

The suit on behalf of a St. Bernard man who passed away as a result of a rare brain infection has been settled with two manufacturing companies who were blamed for the man’s death. The lawsuit alleged that the “neti pot” used to clear the man’s sinuses and the water heater in the man’s home were defective and ultimately responsible for the brain-eating amoeba that infected the man and took his life. The parents of the victim settled with the companies and the wrongful death lawsuit was subsequently dismissed.

In St. Martin Parish Numerous Students were taken to the Hospital after Swimming in Over-Chlorinated Pool

November 6, 2013 | by Broussard, David & Moroux

Students swimming at an on-campus pool at a St. Martin Parish school were transported to the hospital after a large surge of chlorine was released in the water and air surrounding the pool. The school’s swim coach noticed poor circulation of chlorine in the water’s pool and turned on a system that was intended to fix the problem. Instead, a large burst of chlorine consumed the area, causing an evacuation of the area and sending many of the swimmers to the hospital. Roughly 25 students, aged 12 to 15, were swimming in the pool at the time and many complained of throat irritation and breathing problems.