Articles Posted in Real Estate

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Flames and smoke rise from the Smitty’s Supply chemical plant explosion in Roseland, Louisiana.

The Berniard Law Firm was featured in Legal Newsline’s Louisiana Record for representing Roseland residents after the Smitty’s Supply chemical plant fire.

Legal Newsline’s Louisiana Record recently featured the Berniard Law Firm for filing a class action lawsuit on behalf of more than 100 Roseland residents affected by the Smitty’s Supply chemical plant explosion and fire in Tangipahoa Parish Legal Newsline.

The firm’s complaint alleges that class members suffered a range of injuries—including headaches, respiratory problems, skin and eye irritation, people who own property that was covered in oil, clean up costs, and many other claims—as a result of exposure to toxic chemicals and soot from the explosion Legal Newsline.

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Attorney Jeff Berniard, founder of the Berniard Law Firm, was recently featured on WGNO News for his leadership in filing a class action lawsuit on behalf of families affected by the Smitty’s Supply explosion and fire in Tangipahoa Parish. Watch the full news story here.

Berniard was asked to provide his perspective on the lawsuit because of his extensive background in complex litigation and class actions. Over the course of his career, he has represented thousands of clients in large-scale cases, including litigation related to Hurricane Katrina insurance disputes, the Deepwater Horizon oil spill, and Chinese drywall contamination.

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pexels-brett-sayles-1756957-1024x683A celebratory night out turned into a nightmare for Reuben Ellis when he was shot in a parking lot after attending a friend’s wedding reception at Bella Noche nightclub. Ellis’s quest for justice led him to sue not only the nightclub but also the property owner, Plaza Holdings, LLC. This legal battle highlights the complexities of premises liability and the extent to which property owners are responsible for the safety of their tenants’ patrons.

The Incident & Ensuing Legal Battle:

In the early hours of July 27, 2015, gunfire erupted in the parking lot outside Bella Noche, leaving Ellis with a gunshot wound to the neck. He sued several parties, including Plaza Holdings, the owner of the shopping center where the nightclub was located.

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pexels-sora-shimazaki-5673488-1024x683In a case highlighting the importance of carefully crafted real estate contracts, the Louisiana Court of Appeal, Fourth Circuit, upheld a trial court’s decision awarding stipulated damages and attorney’s fees to sellers in a failed all-cash real estate transaction.

The case centered on a failed real estate purchase agreement, underscoring the importance of understanding contractual obligations and the potential consequences of non-performance.

Case Background:

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pexels-ekaterina-bolovtsova-6077447-1024x683In a stark reminder of the importance of procedural precision in the legal world, the Louisiana Court of Appeal, Fourth Circuit, recently dismissed an appeal due to a lack of a final, appealable judgment. The case highlights the critical importance of precise decretal language in judgments, even in seemingly straightforward summary judgment grants.

Cassandra Smith filed a lawsuit against B-3 Property, Blair Bail Bonds, and St. Roch Villa, alleging negligence in connection with a slip-and-fall incident at her apartment complex. After several years of litigation, the trial court granted summary judgment in favor of Smith. The defendants appealed this decision.

The Issue of Appellate Jurisdiction

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pexels-ono-kosuki-5999944-1024x683In a recent decision by the Louisiana Court of Appeal, Third Circuit, the court affirmed a trial court’s judgment granting summary judgment in favor of Stanley Access Technologies LLC (Stanley) in a personal injury case brought by Vera Bernard. The case stemmed from an incident where Ms. Bernard allegedly sustained injuries after striking a revolving door at the Lafayette Airport.

Ms. Bernard filed a lawsuit alleging that the revolving door, installed by Stanley, came to an abrupt halt, causing her to fall and sustain injuries. She claimed Stanley was negligent in the installation, maintenance, repair, and employee training related to the door.

Stanley filed a motion for summary judgment, asserting that it had no duty to Ms. Bernard as the responsibility for daily inspection and maintenance of the doors rested with the Lafayette Airport. They also argued that there was no evidence of the door malfunctioning.

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pexels-colin-lloyd-2120291-3751006-635x1024A recent Louisiana Court of Appeal for the Fifth Circuit decision has underscored a crucial procedural point in the state’s legal system: not all judgments are created equal. In Holmes v. Paul, the court dismissed an appeal because the trial court’s judgment, while seemingly resolving the main dispute, left a lingering reconventional demand unaddressed. This seemingly minor detail had significant consequences, highlighting the importance of understanding what constitutes a “final judgment” in Louisiana.

The case stemmed from a real estate deal gone sour. Ms. Holmes sued the Pauls for breach of contract after they canceled a contract to purchase her property. The Pauls countersued (filed a reconventional demand) seeking the return of their deposit. The trial court granted summary judgment in favor of the Pauls, dismissing Ms. Holmes’ claims. However, the judgment was silent on the Pauls’ reconventional demand.

Ms. Holmes appealed, but the Court of Appeal dismissed her appeal, stating it lacked jurisdiction. The reason? The trial court’s judgment wasn’t considered “final” because it hadn’t addressed all the claims between the parties.

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pexels-pixabay-209112-1024x598Imagine moving into your new apartment, only to find it’s more like a horror movie set than a cozy home. Mold creeping up the walls, evidence of unwanted rodent roommates… it’s enough to make anyone sick. But does that automatically mean your landlord is liable? A recent court case dives deep into this messy situation, highlighting the legal hurdles tenants face when seeking damages for a less-than-habitable dwelling.

Dewayne Montgomery, our tenant-turned-plaintiff, found himself in this exact predicament. He sued his landlord, Garry Lewis, claiming the apartment was riddled with mold and rat droppings, causing him various health issues. Montgomery alleged negligence, breach of contract, and even emotional distress as a result of his claimed paltry living conditions.

Lewis denied responsibility, arguing Montgomery couldn’t prove the mold caused his health problems or that Lewis knew about any pre-existing issues.

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house_townhouse_house_exterior_0-1024x768Buying and selling real estate can be stressful because of the emotions and large sums of money involved. In order to have certainty in transactions involving real estate, Louisiana law has strict requirements of what is required to form a valid contract, including signatures from both the buyer and seller. What happens if a would-be buyer unilaterally signs a contract and claims they own your property? 

James Gobert owed a house located in Lake Charles, Louisiana. He listed the house for sale with Lutricia Cobb, who owned a real estate company. He signed an agreement with Cobb whereby Cobb would act as his agent to lease and manage his property. 

Linda Haley personally contacted Gobert, without Cobb knowing, and made him an offer to buy his property. Haley asked to rent the property from Gobert while they tried to get a mortgage. Gobert suggested entering into a six-month lease that had an option to purchase. The lease set a monthly rental payment of $800 and included an option to buy the property for $131,000 at the end of the six month lease. 

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neighborhood_house_roof_line-1024x768Under the Louisiana Recreational Use Immunity Statues, owners and operators of property used for recreational purposes are immune for liability for tortious acts. Does this immunity apply when a child is injured playing in a gated residential community? 

Three Doyle children were playing in the common area of their subdivision in Covington, Louisiana when a rotted tree fell on one of the children, severely injuring him. His parents filed a lawsuit against Lonesome Development, the Natchez Trace Property Owners Association, Renaissance Property Management, and their insurers. The Doyles claimed Lonesome and Natchez Trace were responsible for maintaining the common area of the subdivision. The Doyles also claimed Lonesome, Natchez Trace, and Renaissance had responsibility and control for the rotted tree and should have known it posed an unreasonable risk of harm. 

Lonesome was the original owner of the Natchez Trace subdivision. Natchez Trace had an agreement with Renaissance, whereby Renaissance was responsible for maintaining and managing the homeowners’ association. Lonesome and its insurer filed a summary judgment motion, arguging it was immune from liability under La. R.S. 9:2791 and 9:2795 (the Recreational Use Immunity Statutes). Renaissance and Natchez Trace subsequently filed almost identical summary judgment motions. The trial court granted Natchez Trace’s summary judgment motion, finding it was immune under the Recreational Use Immunity Statutes, but denied Lonesome and Renaissance’s summary judgment motions. 

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