Articles Posted in Class Action

Image of the Smitty’s Supply explosion and fire in Roseland, Tangipahoa Parish, Louisiana, showing thick smoke and flames after the lubricant plant accident that led to evacuations.On August 22, 2025, the Tangipahoa Parish community was shaken by the massive explosion and fire at Smitty’s Supply, Inc. The incident released thick, black smoke, ash, and oily residue across nearby neighborhoods and waterways, forcing residents to evacuate and leaving families with property damage, health concerns, and lingering uncertainty about long-term effects.

In response, the Berniard Law Firm has filed a class action lawsuit on behalf of affected residents and property owners. The suit alleges that Smitty’s Supply failed to properly maintain its facility and negligently stored hazardous petroleum and chemical products, creating conditions that led directly to the explosion and fire.

The lawsuit seeks damages for:

Image of the Smitty’s Supply explosion and fire in Roseland, Tangipahoa Parish, Louisiana, showing thick smoke and flames after the lubricant plant accident that led to evacuations.On August 22, 2025, residents of Roseland and surrounding Tangipahoa Parish woke up to a terrifying scene: a massive explosion and fire at Smitty’s Supply Inc., a lubricant manufacturing and distribution facility. The incident forced evacuations, sent thick black smoke into the air, and left homes, cars, and yards covered in an oily residue that rained down with the storm that followed.

As investigators work to determine the cause, many families and employees are left wondering: What happens next? What are my rights if I was affected?


The Impact of the Smitty’s Fire

pexels-sora-shimazaki-5669602-703x1024In the realm of legal malpractice, the timing of filing a lawsuit is critical. A recent Louisiana Court of Appeal decision, Wells v. Henry T. Dart, Attorneys at Law, APC, underscored this point, highlighting the one-year peremptive period for bringing such claims in the state. Let’s dissect this case and understand the implications for those considering legal action against their attorneys.

Glenda Wells hired Henry T. Dart, Attorneys at Law, APC, to represent her in a personal injury and property contamination lawsuit against several oil companies. Over time, Ms. Wells became dissatisfied with their representation and lodged a complaint with the Louisiana Attorney Disciplinary Board in October 2013, stating she believed the firm’s actions constituted “major negligence.”

Despite this, Ms. Wells continued her relationship with the firm until they withdrew from her case in 2015. Subsequently, her case was dismissed, and she filed a legal malpractice lawsuit against the firm in March 2017. The firm argued her claim was barred by the one-year peremptive period outlined in Louisiana Revised Statutes 9:5605.

refineries_haifa_israel_night-1024x682While 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 Charles, Louisiana, were exposed to higher than permitted sulphur dioxide and hydrogen sulfide levels. Eight individuals who worked at Firestone filed a lawsuit against CITGO. At trial, the court held the employees’ exposure to the higher than permitted levels of sulphur dioxide and hydrogen sulfide caused their injuries, including headaches, coughs, eye and sinus irritation, and sore throats. The trial court awarded damages based on the workers’ injuries over three years. Although CITGO agreed it was liable, it appealed the damages awarded to the injured workers.

On appeal, CITGO argued the trial court’s award of damages for fear of future injury was duplicative of the mental anguish damages. CITGO also argued there was insufficient evidence to support the fear of future injury and medical expense damages awarded to the workers. 

nuclear_waste_radioactive_trash-1024x529Exposure 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 Exploration, and Producing North America, Inc. (“Exxon”), and Shell Oil Company, Shell Offshore, Inc., SWEPI LP, ConocoPhillips Company, and Alpha Technical Services, Inc. (“Shell”). The Dottie Adams plaintiffs all lived, or currently live, in Harvey or worked near the contaminated Grefer Tract, a 33-acre industrial tract in Harvey.  

After years of litigation, Exxon filed motions for summary judgment alleging that several of the Dottie Adams plaintiffs could not substantiate their claim that they or their property were exposed to radioactive material above naturally occurring background levels. In their motions, Exxon included an affidavit from its expert health physicist, who stated, in part, that it was more likely than not the plaintiffs’ properties were not impacted by the naturally occurring radioactive material from the operations occurring in the Grefer Tract. 

refinery_petroleum_oil_industry-2-1024x683When 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 disputed issue at trial. The following case, which involved the Berniard Law Firm’s clients, raised the question concerning judicial notice of facts when it can and cannot be used in Louisiana trials.

An industrial accident occurred at Chalmette Refining’s St. Bernard facility on September 6, 2012, due to an emergency shutdown. The sudden shutdown caused a release of nineteen tons of regenerated catalyst over a large portion of St. Bernard Parish and Orleans Parish homes and property.

gefahrguttransport-1024x768When 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 northwest into the intersection of Jamie Blvd. and Highway 90. Before the leak, a McGowan employee replaced a clear plastic hose on the storage tank and used a nylon fitting to connect the hose to the tank’s valve. Unfortunately, the employee was unaware that HCI causes nylon to deteriorate. Several days later, 600 gallons of an HCl solution were unloaded into the storage tank, and about 470 gallons escaped onto the ground of the McGowan property. The HCI vapor began to spread off the property at 3:10 am, and the valve from the storage tank was shut off at 4:35 am. People exposed to HCI can experience eye and nose irritation which could develop into throat irritation and breathing difficulty. The HCI emissions were shown to stop affecting people at 5:30 am.

Twenty people who lived and worked in the surrounding area sued McGowan in a mass tort suit for exposure to the HCI vapor. A mass tort is when multiple people come together to file a lawsuit against a person or entity responsible for causing all their injuries. The trial court ultimately sided in favor of all twenty plaintiffs and awarded them damages ranging from $1,000 to $8,000. 

court_hammer_auction_law-1-1024x768Most consumers in the U.S. are aware of increasingly high medical costs. For most people, those high costs are not directly paid; instead, they appear on a bill along with what one’s insurance company will pay as part of an agreement with the medical provider. Many insured consumers will look for “in-plan” medical providers to ensure that most costs are covered. Those “in-plan” providers are part of a preferred provider organization (PPO), which is a subscription-based medical arrangement that allows a substantial discount on rates to be charged. 

PPOs are organized by separate companies that generate revenue by charging an access fee. This type of PPO arrangement sets the backdrop for Best Comp, a recent case by the Louisiana Court of Appeals where plaintiffs sought class certification and defendants, the PPO, challenged it. The central evidence that plaintiffs presented for class certification was a data disc containing a Microsoft Excel spreadsheet showing the recommended discounts for each provider.  

The plaintiffs were Opelousas-based healthcare entities representing healthcare providers who treated employees under the Louisiana Workers’ Compensation Act. The providers subscribed to PPO agreements with defendant Bestcomp, Inc., and alleged that Bestcomp discounted their billing without the notice required by statute La.R.S. 40:2203.1

petro-chemical-plant-1313597-1-1024x683SHEILA 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

petro-chemical-plant-1313597-1-1024x683SHEILA 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

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