Exposure to Radioactive Materials: Substantiating Injury Claims with Evidence and Expert Witnesses
Berniard Law Firm » Class Action
by Berniard Law Firm
4M ago
Exposure to naturally occurring radioactive materials generally increases due to human activity. Proving harm from these activities may be difficult, however. The following Jefferson Parish case demonstrates the need for substantiating your injury claim with evidence. It further shows the weight a court may place on expert witnesses.    In this case, over 1,100 individuals, referred to as the “Dottie Adams” plaintiffs, filed a petition together stating they were either directly or indirectly harmed by exposure to radioactive material caused by Exxon Mobil Corporation, Mobil Expl ..read more
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Exploring Complex Damage Awards in Workplace Injury Lawsuits
Berniard Law Firm » Class Action
by Berniard Law Firm
4M ago
While headlines often tout substantial monetary awards for injured workers, the intricacies of such compensation might remain shrouded in mystery. Behind every high-stakes verdict lies a meticulous process of presenting compelling evidence to substantiate the array of damages claimed. In a recent case involving workers at a Firestone Polymers plant, the multifaceted nature of damages is unveiled, shedding light on the need for robust legal representation to navigate the diverse categories of compensation. Workers at Firestone Polymers plant near CITGO Petroleum Company’s refinery in Lake Charl ..read more
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Louisiana Court Reverses Company’s Liability to People Allegedly Exposed to Chemical Leak, Finding No Evidence of “Specific Causation”
Berniard Law Firm » Class Action
by Berniard Law Firm
4M ago
When a chemical leaks from a local business and spreads to a residential area, it is easy to assume that the company has exposed itself to liability for every person exposed to the leak. But what does someone have to prove to be compensated for their exposure? A case out of Avondale explores this question after twenty people were claimed to have been exposed to hydrochloric acid (HCl). In 2001, a storage tank belonging to McGowan Working Partners, Inc., an oil and gas company, began to leak, causing a vapor solution of HCI and water to blow from the defendant’s property in Avondale to the nort ..read more
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Judicial Notice of Facts, When Can and Can’t it Be Used in Louisiana Trials
Berniard Law Firm » Class Action
by Berniard Law Firm
4M ago
When another or a company’s actions harm a person, he is entitled to financial relief under Louisiana law. The law also requires proof of damages to prove entitlement to monetary compensation. Damages are proven by submitting facts to a trial court. Sometimes the parties agree upon the facts, and sometimes they are disputed.  Another way of providing facts to the Court is through Judicial Notice. This legal concept allows a court to take notice of facts generally known within a community or otherwise cannot be reasonably questioned. What may be known in the community can still be a disput ..read more
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CLASS ACTION NOTICE FOR THE DOW CHEMICAL JULY 2009 ETHYL ACRYLATE LEAK CLASS ACTION
Berniard Law Firm » Class Action
by Berniard Law Firm
4M ago
SHEILA GUIDRY, ET AL., individually and on behalf of all others similarly situated VERSUS DOW CHEMICAL COMPANY, ET AL., Eastern District Court of Louisiana, CIVIL ACTION NO. 19-12233 Class Members Please Take Notice of the Following Important Announcement: CLASS ACTION NOTICE SHEILA GUIDRY, ET AL., individually and on behalf of all others similarly situated VERSUS DOW CHEMICAL COMPANY, ET AL., Eastern District Court of Louisiana, CIVIL ACTION NO. 19-12233, SECTION: F; JUDGE: MARTIN L.C. FELDMAN, MAG: #4, KAREN WELLS ROBY ..read more
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CLASS ACTION NOTICE FOR THE DOW CHEMICAL JULY 2009 ETHYL ACRYLATE LEAK CLASS ACTION
Berniard Law Firm » Class Action
by Berniard Law Firm
4M ago
SHEILA GUIDRY, ET AL., individually and on behalf of all others similarly situated VERSUS DOW CHEMICAL COMPANY, ET AL., Eastern District Court of Louisiana, CIVIL ACTION NO. 19-12233 Class Members Please Take Notice of the Following Important Announcement: CLASS ACTION NOTICE SHEILA GUIDRY, ET AL., individually and on behalf of all others similarly situated VERSUS DOW CHEMICAL COMPANY, ET AL., Eastern District Court of Louisiana, CIVIL ACTION NO. 19-12233, SECTION: F; JUDGE: MARTIN L.C. FELDMAN, MAG: #4, KAREN WELLS ROBY ..read more
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Berniard Law and Martzell, Bickford & Centola making progress in 3M EarPlug Hearing Loss and Tinnitus Lawsuits
Berniard Law Firm » Class Action
by Berniard Law Firm
4M ago
The Berniard Law Firm and Martzell, Bickford and Centola Law Firm have made strides in a multidistrict litigation lawsuit against 3M Company concerning the 3M dual-ended Combat Arms™ earplugs supplied to the United States military personnel from 2003-2015. After a whistleblower lawsuit alleging a defect in the earplugs, 3M agreed to pay over 9 million dollars to end litigation surrounding the case. However, 3M did not admit to any defect in the product. Considering the vastness of this case spanning to courts in Indiana, Georgia, Tennessee, Florida, and Louisiana and many others, the case has ..read more
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If you are a veteran and currently suffering from hearing loss or tinnitus, we want to help!
Berniard Law Firm » Class Action
by Berniard Law Firm
4M ago
A report from the U.S. Department of Veterans Affairs (VA) medical centers shows that Tinnitus and hearing loss are the number one and two health conditions among military veterans. In 2017, almost two million Veterans were receiving disability compensation for tinnitus and over a million were receiving compensation for hearing loss. Recently a whistleblower lawsuit was settled that could shed some light on why so many of our Veterans are having hearing related issues even though they were supplied earplugs. While 3M did not admit any guilt in settling the lawsuit, many new lawsuits are being ..read more
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Class Settlement Agreements And Amendments Affect All Parties
Berniard Law Firm » Class Action
by Berniard Law Firm
4M ago
When a healthcare provider is dealing with workers’ compensation cases, the outcome can be a bureaucratic nightmare. When insurance companies also get involved, legal disputes are bound to arise. Courts have to navigate these cases, even when they seemingly end in a mutual settlement agreement by all parties. In this instance, a case was brought by an orthopedic surgery office (“Plaintiff”) against Bestcomp, Inc. (“Bestcomp”). The Plaintiff filed workers’ compensation medical bills and claimed that Bestcomp had improperly discounted these without providing notice. Other plaintiffs joined in on ..read more
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