On February 2, 2012, the Louisiana 4th Circuit Court of Appeals heard oral arguments in the case Marshall v. Air Liquide, et al.
This case involves a chemical exposure to a neighborhood in New Orleans during a cleanup project. The companies involved had submitted a Reclamation Plan and Closure Plan to the State of Louisiana. These plans promised that the dangerous chemical at the Air Liquide facility in the 6600 block of Old Gentilly Road would be “hydro-mined” by adding water to it and sucking it up in a hose into closed tanker trucks. The plans were not followed, and instead the chemical was removed using backhoes, excavators, and triaxle dump trucks. Harrell & Nowak have represented the adjacent neighborhood through the class action hearing and the trial.
Last year, the environmental lawyers at H&N took the defendants to trial seeking the Court to find that several corporate and insurance defendants were liable to persons who lived and worked within 1-mile of the Air Liquide Facility during the reclamation and closure projects where hundreds of thousands of cubic yards of dangerous carbide lime was allowed to dry and and be dispersed into the adjacent neighborhood. The Trial Court ruled in favor of the class and found both the Air Liquide defendants and Global Lime defendants liable. Each of the four class representatives were awarded money damages.
The defendants, including the insurance companies, appealed the trial court ruling. After submitting written briefs, Eric Nowak and Shirin Harrell – both New Orleans lawyers who handle personal injury, medical, and environmental cases – argued before the 4th Circuit Court of Appeals. The matter is now under advisement, and a written Appellate Court Opinion will be forthcoming.