Louisiana Insurance Litigation Blog

Temple Inland Paper Mill Spill January Status Update

Fri, 27 Jan 2012 15:49:05 -0600

The Plaintiffs' Steering Committee ("PSC") appointed by Judge Lance Africk of the United States District Court, Eastern District, Louisiana has been engaged in adversarial discovery process. Although Temple Inland ("TIN") has begun to comply, many more samples and tests will be required to know the scope of the loss of fish and wildlife, the impact on the commercial fishermen, land owners, water quality and associated use rights. Toward that end, we have scheduled testing. Our objective is to determine the effects of the release(s) and the content(s) of the release(s) through our experts. A preliminary expert report on the number of fish killed has been issued, subject to revision after complete testing in the river.

A status conference is set for February 8, 2012 with Judge Africk. If you are one of our class members and have any updated documentation to support your claim, please be sure to get that information to our office at your earliest convenience.

Temple Inland Paper Mill Spill Case Advances

Fri, 06 Jan 2012 11:39:33 -0600

Thornhill Law Firm filed the Evans class action, which has been established by federal Judge Africk as the lead action against TIN, Inc. d/b/a Temple Inland (“TIN”). All other cases with similar issues and damages are consolidated under the Evans class action in order to efficiently and most accurately work through the legal process. The court has appointed Tom Thornhill as Liaison Counsel and has appointed a Plaintiff’s Steering Committee (“PSC”) to serve with alongside to prosecute all claims against the TIN.

We have initiated expedited discovery in the case including Rule 26 Disclosures required by law where we obtain documents, evidence, and answers to vital questions relevant to this lawsuit. The expedited discovery includes an Order issued on December 12, 2011 by federal Magistrate Judge Alma Chasez to TIN to provide us with all test results issued and all samples taken by TIN. Our objective is to determine the effects of the release(s) and the content(s) of the release(s) through our experts. A preliminary expert report on the number of fish killed has been issued subject to revision after complete testing in the river.

We intend to file a Master Complaint on January 11, 2012, and a status conference was held December 28, 2011 with the Judge. If you are a class action member we will be contacted you in the next sixty (60) days for additional information to support your claim. Meanwhile, if you have any additional photos or updated documentation to support your claim, please be sure to get that information to our office at your earliest convenience.

In the meantime, we will continue to aggressively pursue the claim against the Defendant. We will contact you throughout this process with requests for necessary information. If you have any questions, please do not hesitate to contact our office.

Court Order Regarding Preservation of Evidence in the Temple Inland, Pearl River Spill

Mon, 26 Sep 2011 11:38:41 -0600

Joint Motion for Protective Order Regarding Preservation of Evidence and Production of Insurance Information

Black Liquor Fish Kill in the Pearl River - A Documentary Film by Dana Holyfield - Evans

Fri, 02 Sep 2011 14:09:29 -0600

Temple Inland Discharge Plan Approved by the Louisiana DEQ

Fri, 26 Aug 2011 09:29:10 -0600

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Bogalusa Paper Mill Must Face Penalties

Wed, 24 Aug 2011 10:44:10 -0600

Hundreds of local residence, fishermen, and workers have embarked on cleaning up the mounds of putrid rotting fish resulting from the discharge of the “black liquor” chemical by-product from the Temple Inland paper mill. Around 450 people in 165 boats deploy early in the morning while St. Tammany Sheriff’s deputies provide monitoring and security as the cleanup workers remove and catalogue the rancid fish. Thornhill Law Firm has filed a joint suit with the State of Louisiana and the Louisiana Department of Wildlife and Fisheries against Temple Inland which “killed, caught, taken possessed or injured fish, wild birds, and other wildlife and aquatic live in violation of state law.” The second class action petition filed through Thornhill Law Firm, on behalf of Terral Evans, Dana Evans, Charles Blanchard and Shannon Williams seeks relief for residents, fisherman, and recreationalist who have “sustained physical, mental and/or emotional injuries, fright, inconvenience, personal and medical expenses and interruption of or intrusion into their person and/or professional lives.”
The black liquor plume has now pushed through to the Rigolets and has been reported affecting crab fisherman as far south as Alligator Point. If you have information or a claim, contact us at (985)641-5010 or toll free 800-989-2707.

St. Tammany News. "River discharge lawsuits begin"
http://www.thesttammanynews.com/articles/2011/08/23/news/doc4e4fc07764b62367366058.txt

LMRK Investigates Massive Fish Kill in Pearl River Basin

Tue, 23 Aug 2011 15:05:59 -0600

Class Action Petition for Permanent Injunctive Relief and Class Damages Common to All Similary Situated Claimants

Fri, 19 Aug 2011 13:48:41 -0600

State Court Petition 8-16-11

State of Louisiana and the Department of Wildlife and Fisheries Versus TIN Inc. Temple Inland

Fri, 19 Aug 2011 12:12:17 -0600

Temple Inland State of Louisiana Suit

Temple Inland Paper Mill in Bogalusa LA. Plans to Resume Operations

Fri, 19 Aug 2011 09:08:36 -0600

The Bogalusa paper mill which is owned and operated by Temple-Inland has submitted an arrangement, Tuesday August 16th 2011, to the Louisiana Department of Environmental Quality which would allow it to resume operations.
Local residents, business owners, recreationalist and agitated Gov. Bobby Jindal said, “I made it very clear that we expect the company to clean up this mess, not only to make sure that it never happens again before they reopen the plant, but also that they have got responsibility to reverse the damage that has been done by this discharge.”
Wednesday, August 17th, the DEQ submitted responses on the proposed plan by Temple-Inland on the plant restart, and those revisions are under review.

Thornhill Law Firm was the first to file a class action lawsuit on behalf of victims of the discharge by Temple Inland. If you have information or a claim, contact us at (985)641-5010 or toll free 800-989-2707.

Thornhill Law Firm, A PLC Handling Claims Against Temple-Inland Resulting from “Black Liquor” Discharge

Tue, 16 Aug 2011 17:38:29 -0600

On Tuesday, August 9th 2011, the owners of the Bogalusa paper mill, Temple-Inland, admitted that it discharged chemicals causing the death of thousands of fish in Pearl River and resulting in a negative impact to the surrounding environment, businesses and individuals. The Louisiana Department of Environmental Quality released a statement Monday August 15th warning the public to avoid the black liquor substance, foam, and any dead or floating fish in the Pearl River. The lake Pontchartrain Basin Foundation has also expressed serious concern about the toxic plume moving toward the Rigolets.

Thornhill Law Firm has extensive knowledge regarding this spill; and has currently filed in Washington Parish a class action suit for injunction and damages. If you have information or a claim contact us at (985)641-5010 or toll free 800-989-2707.

Jindal Administration Announces $533 Million in BP Funded Projects

Fri, 15 Jul 2011 14:45:01 -0600

Monday, July 11th Gov Bobby Jindal, along with other local and state officials, revealed his plans for restoring Louisiana’s coastal areas, fisheries, and oyster seed grounds from the destructive effects of the BP oil spill. He says that the state will seek approval for more than a half billion dollars in restoration projects to repair coastal areas and fisheries affected by last year's oil disaster. BP has already agreed to spend $1 billion in April of this year, a pact with the federal government and the five Gulf States. Through the $1 billion agreement from BP, the five Gulf states get $100 million each and the federal government will get $200 million. The remaining $300 million with be divvied out to projects deemed the most urgent, here, Louisiana hopes to get the majority of that $300 million, and to see a share of the $200 million federal portion spent on projects here on our own shores. Of the $1 billion, Jindal’s “Louisiana Plan” details projects that will restore wetlands, improve barrier islands and eroded shorelines, build ridges, breakwaters and land bridges to protect existing shorelines. “We expect to receive a fair share, a disproportional share, of those dollars, based on the amount of damage that happened to our coast,” Jindal said. He continued, citing a number of reports and federal statistics on which the coast of Louisiana received 92 percent of the heavily and moderately oiled shoreline, and than most of the birds, mammals, fish and other wildlife were also heavily affected. Attorney General Buddy Caldwell noted that not only Louisiana will be requesting shares of the money, other states represented on the council of trustees will be making cases justifying their regions own need. “Every state has a seat at the table,” Caldwell said, additionally stating that the Jindal administration has put together a thorough list of proposed projects that Jefferson Parish President John Young calls “shovel ready.” Coastal Protection and Restoration Authority Chairman Garret Graves, will present Jindal’s projects next week to a committee of trustees representing the Gulf states and other federal agencies, where it must be approved and subsequently approved by BP.

Among the states affected by the oil spill, Louisiana developed their plan of more than 350 proposals from the public, parishes and state agencies, while other states are still holding hearings to request projects to submit for the funding. Jindal focuses on the Louisiana oyster industry, requesting $15 million from BP to rebuild the state’s once thriving oyster industry. In a recent report, BP claims that the Louisiana oyster industry was not affected by the oil but by the freshwater diversions along the Mississippi River. Understanding this, Jindal’s projects counters BP’s report by providing information where the freshwater diversions were an effort to keep oil out of fragile wetland habitats, and therefore a subsequent result of the oil spill.

The governor’s plans include a $12 million oyster project to position clutch materials on 855 acres of public oyster grounds in parts of Mississippi Sound, Lakes Fortuna, Lake Machias, Hackberry Bay, Lake Chien, Sister Lake, and Calcasieu Lake, with $3 million improving oyster hatcheries at Grand Isle. Terrebonne and Lafourche parishes would receive more than $146 million directed at improving and restoring their fisheries and coastal areas. In Lafourche, the state has already set aside $77 million of the $220 million needed for the Caminada headland project, which will re-establish 2,066 acres of beach, 7-foot-high sand dunes and marshes between Belle Pass and Caminada Pass on Fourchon and Elmer’s Island. In response to Jindal’s plan, Terrebonne Parish President Michel Claudet expressed his support saying, “We were one of the most impacted parishes, and I think we got our fair share.”

Gulf Coast Claims Facility Picks up the Pace in Processing Claims

Wed, 29 Jun 2011 16:17:27 -0600

Kenneth Feinberg, administer of economic damage payments for The Gulf Coast Claims Facility has paid out almost $4.5 billion, with $2.6 billion being payments from an emergency payment phase, to local businesses and personal claims along the gulf coast. Feinberg has utilized a quick-pay process to quickly settle the straightforward, non-continuing claims, awarding almost $1 billion in final settlements in four months of this year.

In the past two months, the GCCF has distributed close to $700 million for more complex claims that involved full review, analyzing, and documentation. The good news is that the average payment has been steadily rising in the past two months, from $16,000 to $20,000.

Since the first year anniversary of the spill this past April, Feinberg has granted an additional 15 percent of claimants, totaling 26 percent now, and made offers to nearly half of the 115,000 settlement-seeking claimants. Feinberg reports that many individuals and businesses are still submitting claims, even though the pace has drastically decreased in comparison to previous quarters. There is still time to submit a claim for your business or personal income loss, and it is important to correctly complete your claim with the necessary information and support to guarantee the greatest possible result.

Thus far, the GCCF has processed over 95 percent of the 300,000 claims filed before the end of May. Forty percent of those were deemed either deficient or ineligible. There are 54,000 claimants seeking final payment whom Feinberg considers eligible, and if they continues at this rate, all eligible claims will be paid off in the next four months. If the average payment stays the same, rather than increasing like it has been, $1.1 billion will be paid before November.

Gulf Coast Claims Appeals Judges Appointed

Tue, 14 Jun 2011 09:48:22 -0600

Thursday June 9th 2011, Jack M. Weiss who was appointed by the Gulf Coast Claims Facility Administrator Kenneth R. Feinberg, and serves as the chancellor of the Louisiana State University Paul M. Herbert Law Center, appointed 25 “distinguished members of the legal community” to serve as the appeals judges on Gulf Coast Claims Facility appeal judgments. This grouping of “highly competent, respected and experienced,” retired federal and state judges, legal academics and professional mediators or arbitrators were selected from the directly affected areas of Alabama, Florida, Louisiana and Mississippi. They will serve to handle the billions of dollars in claims against BP and the other companies involved in the 2010 rig explosion that poured hundreds of millions of gallons of crude oil into the Gulf of Mexico, interrupting fisheries, businesses and tourism.

To file an appeal with the Gulf Coast Claims Facility, the claim must surpass $250,000 and must be presented to the GCCF no longer than 14 days after the Determination Letter has been issued to the claimant. The Panel of Appeals Judges will view and decide the outcome of your claim within fourteen days after receiving the file. It is vital that your form include an exhaustive listing of your claim and filed correctly in compliance with the GCCF. If you are business owner with a claim, or one affected by the oil spill, contact a knowledgeable attorney with the resources to handle large claims and one who will guarantee the greatest obtainable outcome.

The C.L.U.E. in You

Mon, 13 Jun 2011 08:00:00 -0600

If you have made a loss claim with your insurance company within the past seven years, there may be a file with your name on it, identified as your C.L.U.E. report. C.L.U.E., or Comprehensive Loss Underwriting Exchange, is a claims history database created by ChoicePoint, and it enables insurance companies to access consumer claims when they are underwriting or rating an insurance policy. The report contains not only the consumer’s claim information, including date of loss, type of loss, amounts paid, and a description of the property covered, but also personal information about the consumer such as name, date of birth, and policy number.

C.L.U.E. reports are mainly used when insurers underwrite and rate new policies, and when renewing a policy, insurers usually don’t even have to access C.L.U.E. reports because the information is already stored in their own database. In fact, the C.L.U.E. database is a subscription-based database, which means insurance companies have to subscribe to be able to access the information, so not all insurance companies submit their consumers’ information to be stored in C.L.U.E. reports. Additionally, even if your insurance company does subscribe to C.L.U.E., if you haven’t made a loss claim in the past seven years, you don’t have a C.L.U.E. report at all.

The problem arises when you realize that all the information in your C.L.U.E. report is being submitted by the insurance company, without your consent or knowledge, but the companies are protected to do so under the Fair Credit Reporting Act. So, inaccurate information may be listed in your report without your realization. Each consumer is allowed to request a single copy once every 12 months, and if there are any errors found, consumers can contact ChoicePoint directly to report the discrepancy. ChoicePoint then contacts the insurance company to request clarification; after 20 days without the company’s response, ChoicePoint will contact the company again to follow up. After 28 days without the company’s response, ChoicePoint will again follow up, and if, after 30 days, the company has still not responded, the questioned information will be removed from the consumer’s C.L.U.E. report.

Although you cannot access anyone’s C.L.U.E. account but your own, if you are considering purchasing property and would like to see the claims made on that property, you can ask the current homeowners to make a request for their own report.