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…
Articles Posted in Mass Tort
Exploring Complex Damage Awards in Workplace Injury Lawsuits
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,…
Asbestos Case Sent Back To State Court Because Of Lack of Causal Nexus
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…
Exposure to Radioactive Materials: Substantiating Injury Claims with Evidence and Expert Witnesses
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…
All or Nothing—Piecemeal Peremptory Exception Reversed for Louisiana’s Drug Fraud Case
The legal system is complicated, with many “dos-and don’ts.” Whether or not you can have your case heard in court first requires following the rules guiding the sufficiency of your claim. If your complaint fails to show that you have a right to bring the case against your defendant, your…
Judicial Notice of Facts, When Can and Can’t it Be Used in Louisiana Trials
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…
Louisiana Court Reverses Company’s Liability to People Allegedly Exposed to Chemical Leak, Finding No Evidence of “Specific Causation”
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…
CLASS ACTION NOTICE FOR THE DOW CHEMICAL JULY 2009 ETHYL ACRYLATE LEAK CLASS ACTION
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…
CLASS ACTION NOTICE FOR THE DOW CHEMICAL JULY 2009 ETHYL ACRYLATE LEAK CLASS ACTION
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…
Berniard Law and Martzell, Bickford & Centola making progress in 3M EarPlug Hearing Loss and Tinnitus Lawsuits
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…