Louisiana Lawyer Blog

November: A Deadly Month for Private Planes

November 21, 2011 | by Broussard, David & Moroux

November has been a tragic month for air travel. Three separate private planes have already been in the headlines this month. The first plane crash, killed two Oklahoma State University coaches and all passengers on board. The second plane crashed in Arizona, tragically killing an entire family. The third plane crashed in Georgia, killing a married couple and their 24-year-old son. Federal investigators continue to search for the cause of these devastating crashes.

Private air planes pose unique aviation safety concerns. Compared to commercial pilots, private pilots often undergo less training. With less training, these pilots may lack the experience needed to adequately react to emergency situations in transit, such as unexpected extreme weather, wind gusts or a mechanical malfunction.

Another common problem that arises with private planes is mechanical failure or negligent plane maintenance. At times, mechanics and private plane manufacturers cut corners when it comes to ensuring that private planes are suitable for flight because these planes are not common carriers and typically carry less people than commercial airlines.

$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.

2 Louisiana Workers Killed in Work Injury Accidents

October 31, 2011 | by Broussard, David & Moroux

Two Louisiana workers suffered fatal work-related injuries this month. In Houma, a Gulf Island Fabrication worker was killed when a cable at his work site loosened in the process of moving a 700-pound metal sheet piling. Also, a R&R Construction contractor was electrocuted and killed while working on a chlor-alkali unit.

These two tragic accidents highlight the critical need for employers to maintain safe working environments for workers, especially in the construction industry. The construction industry remains one of the most dangerous industries for workers, and all too often many of these hazards stem from employer negligence.

Employers are legally required to provide a reasonably safe work environment and to warn workers of all hazards associated with their work. If an employer fails to meet these requirements and this failure causes an employee’s injury, the employer may be held legally responsible for the injury. Examples of employer negligence include an employer’s failure to implement adequate safety procedures and an employer’s failure to properly train employees. An employer may also be held liable if it knowingly subjects its employees to dangerous working conditions.

Expediting FDA Review: Good for Corporations; Bad for Consumers

October 24, 2011 | by Broussard, David & Moroux

Last week, the Senate proposed a bill purporting to accelerate the FDA’s review times for medical devices. The proposed legislation would relax current conflict of interest rules that apply to FDA advisers, reversing an existing law. Currently, federal law prohibits an expert with a financial stake in medical device companies or competitors from serving on an FDA advisory panel.

Congress implemented these conflict of interest rules to remove corporate self-interest from FDA advisory panels. But since the implementation of these rules, critics have alleged that the current law prevents the release of new medical devices to consumers. The new legislation could benefit consumers by shortening the waiting period for cutting-edge medical devices.

This proposed legislation could also have unintended effects. Most notably, the legislation could also increase the number of dangerous medical devices on the market, endangering the health and safety of patients as biased FDA advisors could lead to the release of medical devices without adequate testing or warning to consumers.

Supreme Court Tackles Employment Discrimination

October 17, 2011 | by Broussard, David & Moroux

The Supreme Court is back in session with a full docket for the month of October. Early this month, the Court confronted the controversial question of whether the American with Disabilities Act (ADA) applied to a school teacher at a Lutheran school. The Court heard oral arguments this week, but a decision is not expected for months.

In the case, Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, a parochial school teacher claimed that she was fired out of retaliation for threatening to file a formal complaint with the EEOC after her school allegedly discriminated against her on the basis of an illness.

Congress has enacted several statutes that prohibit employment discrimination on the basis of race, sex, nationality, religion and disability. Ordinarily, the ADA prohibits employment discrimination on the basis of disability or illness. However, in light of the First Amendment, courts have carved out a ministerial exemption for church employees who carry out religious duties.

Lake Charles Refinery Crackdown

October 10, 2011 | by Broussard, David & Moroux

The Department of Justice (DOJ) filed two felony charges in a bill of information in a Lafayette federal district court against Pelican Refining Company for knowingly violating its permit issued by the Clean Air Act at its refinery located in Lake Charles.

The U.S. Attorney’s Office alleges that from 2005 to 2007, the company knowingly released pollutants into the environment. According to the DOJ, a federal investigation revealed the refinery’s substandard operating conditions, including the intentional release of hydrogen sulfide into the air, the storage of crude oil in tanks in need of repair and the use of plastic children’s swimming pools to control petroleum leaks.

The Clean Air Act is a federal statute designed to prevent and control environmental contamination through the creation of emissions standards, regulations and permit requirements. With Louisiana being home to more than 30 operating refineries, environmental contamination is a serious concern in the state.

Air Show Safety

October 3, 2011 | by Broussard, David & Moroux

After fatal plane crashes at two different air shows within a 24-hour-period, critics are now questioning air show safety in the United States. The first plane crashed in Reno at the National Championship Air Races, killing nine people, including its 74-year-old pilot, and seriously injuring 69 bystanders. Just one day after this accident, another plane crashed at an air show in West Virginia, killing the pilot.

Investigators believe a mechanical error caused the missile-like impact of the Reno crash. Bystanders at the Reno air race reported hearing an unusual gurgling engine noise before the plane plunged into the crowd. The cause of the West Virginia plane crash remains unknown. The pilot attempted to begin an air routine but the plane crashed prior to his completion of the maneuver. National Transportation Safety Board (NTSB) investigators are now at the scene to determine the cause of the accident.

Currently, the Federal Aviation Administration (FAA) has a substantial role in ensuring spectator safety at U.S. air shows. Prior to an air show, the FAA reviews the show’s plans and inspects participants’ planes and courses to ensure spectator safety in the event of a crash. The FAA also requires pilots to obtain medical certificates prior to participating in an air show and to prove that they are competent to participate in the show.

Colorado Food Poisoning

September 26, 2011 | by Broussard, David & Moroux

A Colorado-based melon farm issued a recall last week after its cantaloupes tested positive for listeria, a deadly bacteria. The contaminated cantaloupes have been linked to at least two deaths and 22 illnesses in Colorado and New Mexico. State authorities believe that this number could increase in more states pending test results.

In light of news of another bacterial outbreak linked to produce, it is no surprise that about 76 million Americans suffer from food poisoning each year. Food contamination can occur at any stage of food production. For this reason, farms, processors, food handlers and restaurants have a duty to adequately manage food products with care and to ensure that their products are safe for consumption.

BP Shortcuts Blamed for Gulf Oil Spill

September 19, 2011 | by Broussard, David & Moroux

The U.S. Coast Guard and Department of Interior’s Bureau of Ocean Energy Management and Enforcement released a 500-page report this week finding BP primarily responsible for the Gulf Oil Spill. The report revealed that the company took many shortcuts in an attempt to cut costs and complete its troubled well project.

The report states that the primary cause of the drilling rig’s explosion was defective cement at the base of the well. This cement is typically used to contain oil and gas within the wellbore. According to a detailed analysis of the report, this failure led to a chain of errors that ultimately caused natural gas to shoot onto the drilling platform and ignite the explosion. ‘

This final report could affect the allocation of liability among the parties responsible for the spill in subsequent litigation and increases the likelihood that BP will face criminal charges for its role in the Gulf Oil Spill. The report makes clear that BP, as the owner of the well, was responsible for the accident and further indicates that Transocean and Halliburton, BP’s chief contractors who supplied the cement, contributed to the deadly errors.