City Cannot Claim Immunity For Hurricane Damage When Alleged Misconduct Predated Hurricane

Hurricanes can result in significant property damage, including flooding with contaminated water. When faced with such a situation, homeowners may wonder if they have a viable lawsuit against the responsible parties, such as the company responsible for the contaminants or the city involved in managing the wastewater system. The following case sheds light on the

June 27, 2023 No Comments

Hurricane Lawsuits Demonstrate Value of Proper Representation

In the aftermath of Hurricanes Katrina and Rita, the Louisiana legislature set deadlines for the filing of claims for damages resulting from the hurricanes. These dates were September 1, 2007 for claims of damage resulting from Hurricane Katrina and October 1, 2007 for claims of damage resulting from Hurricane Rita. Any claims filed beyond these

October 27, 2013 No Comments

An Examination of Interlocutory Appeals and Collateral Order Doctrine

In April 2010, an offshore drilling rig, the Deepwater Horizon, exploded and sank into the Gulf of Mexico. Eleven workers died and crude oil from the well spilled into the Gulf for months after the accident. The result was a mass of litigation involving multiple defendants. In order to deal with the extensive facts and

October 15, 2013 No Comments

Experts a Valuable Resource in Hurricane Damage Insurance Litigation

Years after Hurricane Rita, which hit in September 2005, those who have had their homes damaged are still dealing with cleaning up the wreckage and rebuilding. Litigation involving insurance companies is still particularly prominent. One couple from Lake Charles, Louisiana knows about this type of litigation all too well. The couple had homeowners insurance through

August 19, 2013 No Comments

Certification and Settlement in Katrina/Rita Class Action Claims

The settlement in Orrill v. Louisiana Citizens Fair Plan demonstrates some of the hurdles faced by class action litigants and the benefits of having experienced class counsel. In that case, Katrina and Rita victims sought statutory penalties for their insurers’ failure to pay claims within the 30 days required by statute. The long history of

June 7, 2013 No Comments

Summary Judgment Prevails Against Hurricane Ike Damages

A recent United States Court of Appeals for the Fifth Circuit case set out an extensive definition and explanation of summary judgment. Summary judgment occurs when there are “no genuine dispute[s] as to any material fact.” That is, both parties agree with all of the facts that are used to determine the case. A “material

May 14, 2013 No Comments

Understanding the Federal National Flood Insurance Program as Hurricane Season Approaches

The Federal National Flood Insurance Program (“NFIP”) is a federal program that allows homeowners to protect against flooding because most homeowners insurance does not cover flooding (You can check out their website here). It is offered to homeowners, renters and some business owners. The federal government works with private insurance companies to encourage them to

April 17, 2013 No Comments

Hurricane Damage Appraisals at Core of Insurance Dispute

Even in 2012, issues regarding Hurricane Katrina, which occurred in 2005, are still prevalent. Insurance companies are particularly affected by Katrina, and they are still attempting to sort out many claims. Some of the contract claims that are still moving through the courts are somewhat unique. For example, contracts occasionally have provisions where both parties

April 14, 2013 No Comments

Attorney Jeffrey Berniard makes New Orleans Magazine top lawyers list

Licensed attorneys in New Orleans were asked which attorney they would recommend to residents in the New Orleans area. Attorney Jeffrey Berniard, of the New Orleans-based Berniard Law Firm, LLC, was named one of the best mass litigation and class action attorneys in New Orleans in the November 2012 issue of the magazine. Propelled into

April 4, 2013 No Comments

Hurricane Katrina Case Faces Ambiguous Contract Language Hurdle

In the first year of law school, nearly every student takes a course in Contracts. Contract law is one of the bases of our legal system and is at the core of almost all legal agreements. Everytime you get car insurance, sign a lease, agree to pay your plumber or electrician for work, or sign

April 2, 2013 No Comments

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City Cannot Claim Immunity For Hurricane Damage When Alleged Misconduct Predated Hurricane

Hurricane Lawsuits Demonstrate Value of Proper Representation

An Examination of Interlocutory Appeals and Collateral Order Doctrine

Experts a Valuable Resource in Hurricane Damage Insurance Litigation

Certification and Settlement in Katrina/Rita Class Action Claims

Summary Judgment Prevails Against Hurricane Ike Damages

Understanding the Federal National Flood Insurance Program as Hurricane Season Approaches

Hurricane Damage Appraisals at Core of Insurance Dispute

Attorney Jeffrey Berniard makes New Orleans Magazine top lawyers list

Hurricane Katrina Case Faces Ambiguous Contract Language Hurdle

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