Plaintiffs’ Damages Awarded Can Vary Based On Evidence Presented
Louisiana Personal Injury Lawyer Blog » Mass Tort
by Berniard Law Firm
4M ago
When multiple people are injured in the same incident, you might expect they are all eligible to recover the same type of damages, even if the precise dollar amount varies. This case indicates how the categories of damages awarded can vary by plaintiff, depending on the testimony and other evidence presented at trial.  Fourteen workers at the Citgo Petroleum Corporation refinery in Lake Charles, Louisiana, were exposed to hydrogen sulfide and sulfur dioxide following a gas release. The workers suffered various symptoms, including nasal irritation, headaches, and chest pain. The workers fi ..read more
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Exploring Complex Damage Awards in Workplace Injury Lawsuits
Louisiana Personal Injury Lawyer Blog » Mass Tort
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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Asbestos Case Sent Back To State Court Because Of Lack of Causal Nexus
Louisiana Personal Injury Lawyer Blog » Mass Tort
by Berniard Law Firm
4M ago
Unraveling the complexities of jurisdiction is essential when determining which court has the authority to hear a lawsuit. Whether a case is heard in state or federal court can have strategic implications, but the path to federal court is paved with complex legal requirements. In this article, we delve into the intricacies of jurisdiction and explore the factors determining whether your lawsuit can be heard in federal court. The four Legendre brothers filed a lawsuit against Huntington Ingalls, Inc. (formerly known as Avondale) in Louisiana state court. The Legendres claimed Avondale exposed t ..read more
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Exposure to Radioactive Materials: Substantiating Injury Claims with Evidence and Expert Witnesses
Louisiana Personal Injury Lawyer Blog » Mass Tort
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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Judicial Notice of Facts, When Can and Can’t it Be Used in Louisiana Trials
Louisiana Personal Injury Lawyer Blog » Mass Tort
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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Louisiana Court Reverses Company’s Liability to People Allegedly Exposed to Chemical Leak, Finding No Evidence of “Specific Causation”
Louisiana Personal Injury Lawyer Blog » Mass Tort
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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CLASS ACTION NOTICE FOR THE DOW CHEMICAL JULY 2009 ETHYL ACRYLATE LEAK CLASS ACTION
Louisiana Personal Injury Lawyer Blog » Mass Tort
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
Louisiana Personal Injury Lawyer Blog » Mass Tort
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
Louisiana Personal Injury Lawyer Blog » Mass Tort
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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