Mississippi exhibited a proactive approach to dealing with the Gulf Oil Spill. After the Deepwater Horizon Oil Rig exploded, the Gulf water was saturated with oil. This oil has impacted the livelihood of individuals in the oil industry, businesses and proprietors of the Gulf Seafood industry, and many other individuals. Louisiana, Mississippi, Alabama, Florida, and Texas have a mess on their hands. Now they are cleaning it up.

Governor Haley Barbour of Mississippi appointed a 38 person commission to deal with Mississippi’s oil dilemma. Seeking long-term recovery as opposed to short-term solutions, the Governor has accumulated a highly knowledgeable team of researchers, business experts, and industry specialists.

Jay Grimes with the University of Southern Mississippi’s Gulf Coast Research Lab was quoted by Gulf Live as stating:

“My concern is what is the fate and effects of the oil in Mississippi. I feel, and my colleagues at the lab agree, that we need to take a look at the toxicity of the oil and of the dispersed oil. We need to test the immediate toxicity and the long-term toxicity’s effect on all forms of marine life.” 

Other individuals who will also serve on the committee include Co-Chairs William Walker (Mississippi Department of Marine Resources) and Trudy Fisher (Mississippi DEQ) as well as Tom Becker, of the Mississippi Gulf Coast Charter Boats Association; LaDon Swann, director of the Mississippi-Alabama Sea Grant Consortium; Ron Peresich, chairman of the Gulf Coast Business Council; Jerry St. Pé, Jackson County businessman; Chuck Benvenutti, Hancock County businessman; Steve Renfroe, of Chevron’s Pascagoula refinery; and Sen. Tommy Moffatt; and others. 

Gulf Live quoted the governor as saying:

“In the wake of the oil spill, we have an opportunity to address any number of issues in a comprehensive way, not just for right now, but into the future…This commission will have a wide charge, from preliminarily determining the impact of the oil spill on Gulf ecosystems to addressing concerns about seafood safety to improving hurricane protection and habitat restoration.”

Fisher Price of East Aurora, New York, in conjunction with the U.S. Consumer Product Safety Commission and Health Canada issued a voluntary recall for its Little People Play ‘n Go Campsite on August 5, 2010.

The recalled toy is a seven piece set which includes a pink plastic tent with carrying handle, a plastic rabbit, a pink plastic chair with a floral seat design, plastic marshmallows on a stick, a plastic campfire ring, and a small plastic doll.

The doll, known as Sonya Lee, can come apart at the waist. When this happens, small parts of the dollar are easily accessible. These parts constitute a possible choking hazard for young children.

The toy’s product number is R6935 and was manufactured in China. This particular Fisher Price toy was sold nationwide for approximately $15.00. No other Sonya Lee plastic dolls have been recalled.

In all, 96,000 U.S. units are involved in the recall. 14,000 Canadian units have also been implicated. With the exception of the Sonya Lee doll, all other pieces of the playset are not recalled. Sonya Lee’s name is imprinted on the figure itself.

Attorney Richard J. Arsenault, of Neblett, Beard, and Arsenault in Alexandria, Louisiana was recently named to the 2011 Edition of Best Lawyers in America.

Best Lawyers in America is a highly regarded publication listing exceptional attorneys throughout the country. The distinction is based upon a peer-review system with input from over three million attorneys. The American Lawyer has described the Best Lawyers publication as “the most respected referral list of attorneys in practice.” List exerts are posted in The Washington Post, The Los Angeles Times, and New York Magazine. Best Lawyers in America also recently joined with U.S. News & World Report by adding a Best Lawyers Search Engine on the U.S. News website.

Arsenault’s legal career spans more than thirty years, and he has frequently been recognized for his contributions as both a litigator and published author.  In addition, Arsenault serves as an instructor with Louisiana State University Law School’s Trial Advocacy Program.

 Arsenault has been selected for inclusion in Bar Register of Preeminent Lawyers, American Trial Lawyer’s Association’s Top 100 Trial Lawyers, Louisiana Super Lawyers, Best of the United States and currently holds an AV Rating from Martindale-Hubbell, the highest rating available.  His legal  expertise has been featured by the National Law Journal, Associated Press, the Wall Street Journal, the New York Times, CBS, Business Week, NPR, the London Times and BBC.

Neblett, Beard, and Arsenault would like to extend congratulations to Mr. Arsenault for this outstanding honor.

According to a press release sent by the Louisiana Department of Health and Hospitals (DHH), it is believed that 334 people have been made ill or have suffered injuries due to the Gulf of Mexico oil spill and its clean up efforts.  Of those  sickened, 221 were working on oil rigs or were involved in the clean up efforts. The remaining 84 are members of the general public. Of the workers, 17 required hospitalization.

In its recent  Oil Spill Surveillance Summary report, the DHH indicated that the most common complaints included exposure to odors/fumes, skin contact with contaminated water or objects, heat stress and lacerations/fractures associated with the clean-up and containment efforts.  The illnesses and injuries were reported to hospital emergency departments, outpatient clinics, physicians’ offices and the Louisiana Poison Center.  These cases were monitored by the DHH’s Office of Public Health and Section on Environmental Epidemiology & Toxicology. The most frequently reported symptoms were headache, dizziness, neaseau, vomiting, weakness/fatigue and upper respiratory irration. 

While it looks the the devastating oil leak will finally be stopped permanently, residents of the Gulf Coast are just now starting to see the long-term effects associated with this environmental disaster.  It is troubling to see the effects of the oil spill on our coast, waters, wildlife, human health and way of life.  We will continue to follow this story, so stay tuned.

The U.S. Consumer Product Safety Commission (CPSC), in cooperation with Baby Matters LLC, of Berwyn, Pa., is announcing the voluntary recall of 30,000 Nap Nanny® portable baby recliners. CPSC is investigating a report of a 4-month-old girl from Royal Oak, Mich. who died in a Nap Nanny® that was being used in a crib. According to preliminary reports, the infant was in her harness and found hanging over the side of the product, caught between the Nap Nanny® and the crib bumper.

CPSC and Baby Matters are aware of one other incident in which an infant became entrapped when the Nap Nanny was used in a crib, contrary to the product instructions. In that incident, the infant fell over the side of the Nap Nanny®, despite being harnessed in, and was caught between the baby recliner and the side of the crib. The infant sustained a cut to the forehead.

CPSC and the firm have received 22 reports of infants, primarily younger than 5-months-old, hanging or falling out over the side of the Nap Nanny® despite most of the infants being placed in the harness. One infant received a bruise as a result of hanging over the side of the product.

Infants can partially fall or hang over the side of the Nap Nanny® even while the harness is in use. This situation can be worse if the Velcro™ straps, located inside the Nap Nanny® cover are not properly attached to the “D”-rings located on the foam, or if consumers are using the first generation model Nap Nanny® that was sold without “D”-rings.

In addition, if the Nap Nanny® is placed inside a crib, play yard or other confined area, which is not a recommended use, the infant can fall or hang over of the side of the Nap Nanny® and become entrapped between the crib side and the Nap Nanny® and suffocate.

Likewise, if the Nap Nanny® is placed on a table, countertop, or other elevated surface and a child falls over the side, it poses a risk of serious head injury. Consumers should always use the Nap Nanny® on the floor away from any other products.

The Nap Nanny® is a portable recliner designed for sleeping, resting and playing. The recliner includes a foam base with an inclined indentation for the infant to sit in and a fitted fabric cover and a three point harness. The first generation model of the Nap Nanny® can be identified by the absence of “D”-rings in the foam base. In second generation models, the harness system has “D”-rings in the foam base and Velcro™ straps inside the fitted fabric cover.

The recalled Nap Nannys® were sold at toy and children’s retail stores nationwide and online, from January 2009 through July 2010 for about $130.

The recalled product was manufactured in the United States and China.

Consumers with a first generation Nap Nanny® models, without “D”-rings, should stop using the recalled baby recliners immediately and contact the firm to receive an $80 coupon towards the purchase of a new Nap Nanny® with free shipping. Consumers with a second generation Nap Nanny® model, with “D”-rings, should immediately stop using the product until they are able to visit the firm’s website to obtain new product instructions and warnings. Consumers will also view an important instructional video to help consumers ensure the harness is properly fastened. Consumers who are unable to view the video or new instructions online, should contact the firm to receive free copies by mail. For more information, contact Baby Matters toll-free at (888) 240-4282 between 9 a.m. and 5 p.m. ET Monday through Friday or visit the firm’s website.

Four people from died after an 18 wheeler lost control, crossed the median and slammed head on into their pickup, Louisiana State Police said.

The 18-wheeler, marked with the company name Texas International Express LLC, was traveling north about 5 miles north of Pearl River when its front left tire blew out, said Trooper Nick Manale, spokesman for State Police Troop L. The driver, Juan Torres, 37, of Montgomery, Texas, lost control of the rig, and the tractor-trailer rumbled across the median and struck the southbound pickup nearly head-on, police said. After impact, the pickup and 18-wheeler slid off the highway, coming to a halt in the treeline on the west side of the interstate, Manale said.

Troopers specializing in vehicle inspection were brought in to determine whether the 18-wheeler had all of the required equipment and whether that equipment was properly installed, police said. Federal Motor Carrier SafetyRegulations require an 18-wheeler driver to perform a pre-trip inspection and a end of the day report. A driver cannot operate a commercial motor vehicle until he has inspected his equipment including the tires for good working order.

§392.7 Equipment, inspection and use.

No commercial motor vehicle shall be driven unless the driver is satisfied that the following parts and accessories are in good working order, nor shall any driver fail to use or make use of such parts and accessories when and as needed:

Service brakes, including trailer brake connections.
Parking (hand) brake.
Steering mechanism.
Lighting devices and reflectors.
Tires.
Horn.
Windshield wiper or wipers.
Rear-vision mirror or mirrors.
Coupling devices.

[33 FR 19732, Dec. 25, 1968, as amended at 60 FR 38746, July 28, 1995]

Tom Galligan is the President of Colby-Sawyer College in New Hampshire. He is a teacher, author and maritime expert. He testified before Congress several times within the past few weeks regarding maritime law and legislative amendments regarding recoveries for the survivors of the Deepwater Horizon. Yesterday, the House passed the Securing Protections for the Injured from Limitations on Liability Act or “SPILL ACT,” now it moves onto the Senate. If passed, this Act would enable family members of those killed at sea to recover non-economic damages, such as pain and suffering, loss of care, comfort and companionship.

Prof. Galligan, who recently co-chaired the Louisiana State Bar Association’s Gulf Coast Oil Spill Symposium with Neblett, Beard & Arsenault’s founder, Attorney Richard J. Arsenault, has written an editorial urging the passage of this bill:

Now is the Time to Change the Law
By: Professor Tom Galligan

The law ought to be fair, consistent, and up to date. It ought to make people whole for their losses and compensate them for the real damage they suffer. Now, in wrongful death cases on the high seas, it does none of those things but the U.S. Senate currently has a chance to fix this defect and it is time to do so.

11 men died in the initial explosion on the Deepwater Horizon. Their survivors have appeared before several Congressional committees and explained why the law today is unfair. It is unjust because neither the Jones Act nor the Death on the High Seas Act (DOHSA) – the maritime statutes that define survivors’ rights in the Deepwater Horizon tragedy-provide “loss of society” damages to compensate for the lost comfort, care and companionship of their deceased loved ones. The majority of American jurisdictions today do recognize these rights in wrongful death cases, but not under these maritime laws, both passed in 1920.

All of the survivors-two wives, a father, and a brother–eloquently described the terrible emotional loss they have suffered and the devastating effects of the deaths of their loved ones on the children of the deceased workers. Yet today, none of those very real emotional damages are recoverable under the applicable law. All that is recoverable is purely economic damage, such as loss of support, loss of services, and funeral expenses. But, the law treats the relationship itself—the essence of the connection between people—as worthless. In terms of the love and care lost, the lost life is treated as if it has no value. That fact is morally offensive and logically incoherent. Loss of society damages are, as noted, available in most tort cases on land and are available for the survivors of those killed in high season commercial aviation disasters. The law should be the same for all and it is time to make it so.

President Obama has met with some of the survivors and pledged his support, and Congress has held hearings to discern whether current laws adequately protect the victims of this catastrophe. On July 1, the House passed a bill, Rep. Conyers’ H.R. 5503, that would allow the survivors of someone killed on the high seas to recover loss of society damages. Now, the Senate can and should do the same thing. Legislation is already pending in the Senate that would implement the necessary change, Senator Patrick Leahy’s S. 3463. It is time to pass that law.

I have been honored to have appeared with the survivors before the U.S. House and Senate Judicial Committees and the U.S. Senate Committee on Commerce, Science, and Transportation. No one at those hearings spoke against the changes described above. Now, I have heard that there are companies who claim that allowing recovery of loss of society damages might increase the cost of doing business for some. If this change in the law would now force maritime actors to have to consider the real emotional costs of deaths they cause, so be it. Perhaps if they were forced to do so, the world would be a safer place and none of this would ever have happened.

The Death on the High Seas Act currently prevents the victims’ families from suing BP, Transocean Ltd. and the other companies involved in the Deepwater Horizon drilling operation for compensation other than funeral expenses and a portion of the workers’ lost wages.

The bill that passed in the House amended the decades-old Death on the High Seas Act to allow families of the deceased oil workers to recover non-economic damages, such as pain and suffering, loss of care, comfort and companionship. The bill, known as the Securing Protections for the Injured from Limitations on Liability (SPILL) Act, passed the House by a voice vote. The U.S. Chamber of Commerce oppose the change, arguing that it would expose maritime industries to new costs and legal burdens. The SPILL Act also updated another maritime liability law by repealing the Limitation of Liability Act, the 1851 law that allows Transocean to limit its liability to the worth of its now-destroyed rig. The bill now moves to the Senate.

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Alexandria, LA (PRWEB) July 1, 2010 — The U.S. Food and Drug Administration should adopt a proactive approach to food safety such as the one outlined in a new report by the Institute of Medicine and National Research Council, says Louisiana food safety advocate Richard J. Arsenault.

The 500-page report, requested by Congress 18 months ago after a rash of foodborne illness outbreaks, states that the FDA’s current “reactive” model makes inefficient use of its limited resources and relies on a case-by-case approach to gathering and using information on risks.

By switching to a “risk-based” approach outlined in the report, the FDA could better identify problems in the food supply and distribution chain, efficiently direct resources to high-risk areas and catch problems before they turn into widespread outbreaks, the report says.

“More than 300,000 people need to be hospitalized and over 5,000 people die from foodborne illness in America every year, and that number of victims is unacceptable when many of these illnesses could have been prevented,” says Arsenault, whose firm, Alexandria-based Neblett, Beard & Arsenault, has represented hundreds of foodborne illness victims throughout Louisiana and across the country.

“The IOM report, for the most part, sets out a vision for how local, state and federal officials can work together to catch problems before they spread and harm innocent consumers, and I think Congress and the FDA should give serious consideration to its recommendations,” Arsenault says. “It’s not a perfect plan, but it serves as a good blueprint.”

The FDA is charged with ensuring the safety of approximately 80 percent of the nation’s food supply, including seafood, fruits, vegetables and dairy products. The federal agency shares food safety responsibility with the U.S. Department of Agriculture, which oversees meat, poultry and egg products, as well as state and local agencies, which inspect food production facilities.

According to the IOM report, the FDA needs to adopt a system that would increase coordination with those other agencies, and it needs more authority to carry out its mission through amendments to the federal Food, Drug and Cosmetic Act – much of which is currently contained in proposed legislation before the Senate.

The report calls for establishing a centralized food safety data center that would collect information, quickly assess risks and take steps to address food safety problems without competing with other agencies for resources.

To enhance its efficiency, the FDA could also delegate food facility inspections to states and establish national standards for the intensity and frequency of those reviews, the report says.

According to the report, this change would build on current practices in which roughly 60 percent of inspections are already conducted by state inspectors, and it would increase the quality of inspections and avoid duplication of efforts.

The report also asks Congress to consider legislation that would specify the FDA’s authority in facility registration, preventive controls, risk-based inspection, mandatory recall, reporting of adulteration and banning of certain food imports if the public’s health is at risk.

“What is significant to me about this report is that a committee of experts has clearly stated that our current food safety system is inadequate and in dire need of change,” Arsenault says. “Improvements need to be made.”

Following the BP Deepwater Horizon disaster and Transocean’s limit of liability lawsuit, the U.S. House Judiciary Committee passed H.R. 5503, Securing Protections for the Injured from Limitations on Liability Act (SPILL Act). The SPILL Act will update the provisions of the following three bills dating from the mid 1800s to the early 1900s: Death on High Seas Act (1920), Jones Act (1920), and the Limitation on Liability Act (1851).
Specifically, HR 5503 would:

• Amend the Death on the High Seas Act (dating from 1920) to permit recovery of non-pecuniary damages (e.g., pain and suffering and loss of care, comfort, and companionship) by the decedent’s family, as well as standardizing the geographic threshold for its application, and permitting surviving family members to bring suit directly rather than through a personal representative.
• Amend the Jones Act (dating from 1920) to permit recovery of non-pecuniary damages by the families of seamen who are killed.
• Repeal the outmoded Limitation on Liability Act (dating from 1851) which limits the liability of vessel owners to the value of the vessel and its cargo.
• Clarify the class action rules so that impacted States can seek effective legal remedies in their own courts.
• Render unenforceable restrictions on disclosing information about offshore spills of oil and other pollutants.
• Strengthen bankruptcy rules to prevent corporations responsible for widespread damages under the Oil Pollution Act from seeking to sever their assets from the legal liabilities they owe to innocent victims.
• Apply these changes to pending and future legal claims.

This legislation allows a spouse, child and/or parent to potentially recover “non-pecuniary” damages in maritime death cases. Currently, the law only permits pecuniary damages and pre-death pain and suffering, if any, as legal elements of recovery. This change is necessary to bring these types of claims in line with modern day recognition of injuries associated with the loss of a close family member.