Law Offices of Brian Turner LLC

Archive for October, 2010|Monthly archive page


Updates on the BP Litigation

In Legal News on October 19, 2010 at 2:21 pm

The last several days have brought some important announcements in the BP litigation.  As reported by the AP last Friday, the judge overseeing the Multidistrict Litigation brought against BP, U.S. District Judge Carl Barbier, announced his intention to hold the first trial for damage claims as early as June of 2011.  This test case will have a very large impact on how the overall litigation moves forward.  The Court has not announced what case will be tried.  A separate trial date has been set for February of 2012 to assign percentages of fault between BP and the other companies involved in the operation of the Deepwater Horizon oil platform. 

Yesterday, BP formally notified Judge Barbier that it is waiving a $75 million cap on its liability.  In making its announcement, BP re-stated the company’s intention to pay all legitimate claims arising from the explosion of the Deepwater Horizon and the subsequent oil spill.  However, BP did couch this waiver of the damages cap with a denial of “gross negligence” in an outward attempt to avoid the possibility of being assessed with punitive damages.  Future rulings from Judge Barbier will address those issues. 

Both of these developments are important for those who have suffered as a result of the Deepwater Horizon explosion and will hopefully lead to the eventual positive resolution of these claims.

 


Alabama Homes Included in Chinese Drywall Repair Program

In Legal News on October 18, 2010 at 2:57 pm

Several news sources have been reporting the details of a pilot program which, if successful, could provide the model for bringing resolution to the claims of thousands of homeowners whose homes were constructed with tainted drywall manufactured in China. 

The program calls for 300 homes, which includes homes in Alabama, to be repaired at the expense of the drywall manufacturer, Knauf Plasterboard Tianjin Co., as well as various suppliers, builders and insurers.  Since the defective drywall has proven to cause corrosion to wiring, pipes, and other metals throughout the homes in which it was installed, the repairs will include tearing walls down to the studs and rebuilding them, along with new electrical wiring, gas line plumbing, alarm systems, damaged appliances and fixtures.  Homeowners will also be compensated for housing expenses incurred as a result of the repairs and for damaged personal property.  It is expected that the cost to repair one house could exceed $100,000.  A final inspection by an environmental engineer will be required before the home is deemed problem-free. 

Lawyers on both sides of the litigation hope this will provide a model for resolving the claims of the 2,000 to 3,000 homes built with defective Knauf drywall.  Homeowners who have undertaken repairs on their own may be entitled to compensation out of a possible future settlement.   

Homes in Florida, Louisiana and Mississippi are also included in this pilot project.  To be eligible, each home had to  have almost all of its drywall manufactured by Knauf.  All sides hope that this model will prove to be efficient and effective in addressing the damages suffered by the effected homeowners.  Look for more information to come as the repairs progress.


Anti-Bullying Campaign Announced

In Legal News on October 4, 2010 at 10:26 am

TIME, Inc., is launching an anti-bullying campaign today – here is their announcement: 

PEOPLE Magazine, CNN and Cartoon Network have teamed up for a very important anti-bullying initiative, featuring a special multi-platform report on the bullying epidemic facing young people in America. 

Anderson Cooper 360°, in conjunction with PEOPLE Magazine, will air a week-long series on bullying, beginning tonight at 10 pm EST/PST. The reports will include interviews with mothers of children who have killed themselves after being the victims of excessive bullying, a look into the world cyber-bullying and an update on the latest in the Phoebe Prince case, another teen suicide as a result of bullying.  Dr Sanjay Gupta will explore the different techniques used to increase empathy to stop bullying amongst kids.  Also, families struggling with this painful and important issue will discuss how bullying has become so prevalent and what parents and children can do to stop it.   

The week of reporting will culminate with a one-hour special town hall on Anderson Cooper 360°., titled  Bullying: No Escape; an AC 360 Special Report with PEOPLE Magazine and Cartoon Network, airing Friday, October 8th  at 10pm EST/PST on CNN.   

The town hall participants will include author and psychologist Dr. Phil McGraw and Rosalind Wiseman, author of the best-selling book “Queen Bees and Wannabees”, which inspired the movie “Mean Girls”.  American Idol finalist Crystal Bowersox will reveal how being bullied fueled her creative passion and PEOPLE managing editor Larry Hackett will share insights gathered from the extensive reporting the magazine has conducted on the bullying epidemic.  Also, families struggling with this painful and important issue will discuss how bullying has become so prevalent and what parents and children can do to stop it.  Cartoon Network Bullying Prevention Board members Kevin Jennings, Assistant Deputy Secretary of Education for the Office of Safe and Drug-Free Schools, and Dr. Susan Limber of the Institute on Family and Neighborhood Life, Clemson University, also will participate with the AC 360 town hall to discuss the latest understandings and response options for bystanders, who represent 75-85% of students in schools considered witnesses to bullying.   

Please tune in for this very important series. 

PEOPLE Magazine has dedicated significant coverage to the bullying epidemic over the last several years.  The magazine’s October 18 issue, on newsstands Friday, will include a special editorial section on bullying featuring interviews with residents of South Hadley, MA, Phoebe Prince’s hometown, confessions of a former bully, stories from students who were tormented in school and much more.

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