Louisiana Injury Lawyer Blog

On May 20, 2011 MOEX USA and BP reached an agreement on a $1.06 billion payment for MOEX's involvement in the explosion of the Deepwater Horizon rig in the Gulf of Mexico which led to the devastating oil spill. MOEX continues, however, to deny liability for the accident. The parties agreed to release each other from mutual fault arising from the accident, although punitive damages, civil, criminal, or administrative fines, and penalties are not included in the indemnities. The companies jointly recognized the findings of the National Commission on the BP Deepwater Horizon which concluded that the explosion of the rig was the result of various risk factors, as well as, outright mistakes by multiple parties. BP claims it will apply the $1.06 billion payment to the $20 billion trust it has established for the payment of claims resulting from the explosion, oil spill, and damage to natural resources.

Louisiana Association for Justice President Donald W. Price of the Baton Rouge, Louisiana admiralty and maritime law firm of Due', Price, Guidry, Piedrahita & Andrews will present a webinar entitled Gulf Oil Disaster: Claims for Economic Damages Under the Oil Pollution Act and General Maritime Law for LAFJ on July 8, 2010 at 2:00 p.m. CST.

Donald Price will discuss the bases for economic loss claims arising out of the Deepwater Horizon drilling rig disaster under the Oil Pollution Act of 1990 and general maritime law. Discussion will include the basis for liability, potential defenses to liability and the unique procedural aspects of making federal law claims.

Recently, Kirk Guidry and Randy Piedrahita of the Baton Rouge, Louisiana maritime law firm of Due', Price, Guidry, Piedrahita & Andrews, obtained one of the largest (if not the largest) settlements for a paraplegic in Louisiana history. In Wooley v. Longnecker, No. 106577E, 17th JDC, Parish of Lafourche, Mr. Wooley was injured when a load shifted on an offshore debris barge, crushing his spine at his midsection. Suit was filed against the numerous corporations in charge of the offshore project, who blamed each other and Mr. Wooley for his injuries. Shortly before trial, Kirk and Randy negotiated a $15,000,000.00 settlement for Mr. Wooley, a substantial amount for an injury of this tragic nature.

The Louisiana State Bar Association posted the following notice today regarding advertising legal services ethically in Louisiana in the wake of an accident or disaster.pdf:

"In an effort to assist our lawyers in their efforts to offer legal assistance to members of the public in the days, weeks and months that follow an accident or disaster, we would remind lawyers to review the Louisiana Rules of Professional Conduct and state law before attempting to advertise for and/or contact prospective clients in connection with the accident or disaster, paying particular attention to the items listed below.

"Additionally, as a benefit of LSBA membership, the Louisiana State Bar Association's Ethics Advisory Service and LSBA Ethics Counsel are available to provide FREE confidential, informal, non-binding advice and opinions on matters regarding a lawyer's own prospective conduct--including questions about proposed lawyer advertising and/or unsolicited written communications. Also, all advertisements and unsolicited written communications that must be filed and evaluated for compliance as per Rule 7.7 should be directed to LSBA Ethics Counsel; information on the filing requirements and filing process is available on-line, 24/7, at: www.LSBA.org/LawyerAdvertising. LSBA Ethics Counsel, Richard P. Lemmler, Jr., can be reached at direct dial (504) 619-0144 or RLemmler@LSBA.org."

I am sure that you, like me, have been sickened over the last few days by the developing events at BP's Deepwater Horizon well site. What began as an inconceivable tragedy for the human victims has, amazingly, expanded further into an environmental catastrophe that threatens not only Louisiana, but the entire Gulf coast.

As lawyers, we realize that many people will be in need of legal services as a result of these events. But we should be careful to ensure that this disaster for our state is not compounded by a disaster for our profession.

The Louisiana Association for Justice (LAJ) fully supports the rights of the public to obtain information about legal services, and it supports the rights of lawyers to provide that information in a manner consistent with the Louisiana Rules of Professional Conduct. We should all do everything we can to make sure those rules are followed, for the good of the public and our profession.

Anyone who has direct knowledge of specific instances of unauthorized practice of law, runner-based solicitation, or improper direct contact by lawyers should report the conduct directly to the Louisiana Office of Disciplinary Counsel.

Louisiana will get through this latest challenge. It is my hope that, as was the case with Hurricanes Katrina and Rita, our membership will not be part of the problem, but will instead be helping to provide solutions.

Sincerely,

Donald W. Price
Due', Price, Guidry, Piedrahita & Andrews
LAJ President

Law 360 interviewed Baton Rouge Maritime attorney, Kirk A. Guidry, of the Baton Rouge injury law firm of Due', Price, Guidry, Piedrahita & Andrews. The article written by Jesse Greenspan appeared on April 23, 2010, and is entitled Much Litigation Expected After Oil Rig Explosion. Kirk Guidry told Law 360 that any personal injury or wrongful death cases would likely be brought under the Jones Act and would therefore not be removable to federal court. Kirk Guidry also stated that the first big issue that would have to be resolved is the limitation of liability issue, which will be argued in Federal Court.

Continue reading "Baton Rouge Maritime Attorney Interviewed about BP Oil Rig Explosion and Oil Leak Litigation" »

The Deepwater Horizon oil platform sank into the Gulf of Mexico yesterday after burning out of control following an explosion. Eleven workers are still missing and are not expected to be found alive. At least one lawsuit has already been filed against the rig's owner, Transocean, Ltd., and contractor, BP. In addition to the devastating loss of life that is expected to result from this preventable explosion, extreme environmental damage is also expected since the oil platform carried 700,000 gallons of diesel fuel and could spill as much as 8,000 barrels of crude oil a day.

Continue reading "Deepwater Horizon Oil Platform Sinks into the Gulf of Mexico" »

At least four oil rig workers were critically injured, and eleven oil rig workers are missing following an explosion and fire on the mobile offshore drilling rig, Deepwater Horizon. The rig was in the Gulf of Mexico around 50 miles southeast of Venice, Louisiana when the explosion and fire occurred on Tuesday, April 20, 2010, around 10 p.m. It is reported that the drilling rig is leaning badly and may become submerged. The drilling rig is believed to be owned by Transocean and is believed to be operated for BP. A hotline has been set up for family members to obtain information--call 832-587-8554.

Continue reading "Explosion and Fire on Gulf of Mexico Mobile Offshore Drilling Rig Near Venice Louisiana" »