A group of budding scholars!

We here at Neblett, Beard and Arsenault love being involved with our community.  For over a decade, we have organized and sponsored a field trip program, where local grade school classes can meet Law Enforcement officials, Lawyers and Judges and learn about the legal system.

Recently, Michael Koch, one of the partners here at NBA, organized a field trip for 24 Fourth graders from Cherokee Elementary School.  Michael took the class to the Louisiana Ninth Judicial Courthouse in Alexandria, where they got to meet Major Karla Ryder from the Rapides Sherriff’s Office.  Major Ryder told the kids what a law officer does, why they arrest people, and for what reasons people most often get arrested.  Then the students got to go to a courtroom and talk with a real Judge- Judge Mary L. Doggett, of the Louisiana Ninth Judicial District Court.  Judge Doggett spoke to the children about the role a Judge plays in the judicial system, and answered the students’ questions.  The class also got to visit the Rapides Parish jail, where Warden Clark spoke and took them on a jailhouse tour.

After listening to all the different people involved in the legal process, Michael brought the class back to the Courthouse, where the kids were each assigned a role for a mock trial.  Different students got to be lawyers, witnesses, parties, bailiffs, judge and jury, and they got to perform the trial by themselves (well, with a little help from Michael and their teachers!).  They did opening and closing statement and an examination of witnesses.  After the jury reached their verdict (a “0″), the class proceeded to celebrate their victory (or mourn their loss) with a pizza lunch at Cici’s pizza.  After lunch, Micheal brought them back to the Neblett, Beard and Arsenault main office, where they got to see what a law practice looks like.  They got a surprise pop quiz about the law and legal system from Michael and their teachers- with the winners getting prizes instead of grades.

The teachers advising the field trip complimented the program, saying it was “awesome” and that it “was the best field trip [they] had ever been on”.  We’re glad they had a fun day, and hope they learned a lot, too!

Neblett, Beard and Arsenault’s field trip program is open to any local school.  The program is available for all age groups, from Elementary to Junior and Senior High School, and provides a unique opportunity for students to get a firsthand learning experience about our nation’s legal system.  If you know a local school that would like to participate, call Neblett, Beard and Arsenault and ask for Firm Administrator Irene Duplechin.

"The best field trip ever"

The named plaintiff in the class action lawsuit claims that the rear tires on her new 2008 Chevy Impala needed to be replaced within 6,000.  Then, the Impala wouldn’t pass state inspection without another set of  replacement tires, despite having fewer than 25,000 miles on the car.

The lawsuit claims that GM failed to disclose the rear spindle problem to Impala owners, and the result is forcing owners to eat costly repairs and loss of resale value.

According to news reports, GM claims that the problem is not with the faulty manufacturing of the rear spindle rods, but faulty design.  Media reports also say that the company is denying responsibility because  “new” GM (the company formed after the bankruptcy processing against “old” GM) only agreed to  warranty obligations of cars assembled before 2009.

This seems to be what is happening in the case of Ford trucks running the Navistar 6.0L Power Stroke Diesel engine:

• 2003-2007 Ford F250 Super Duty
• 2003-2007 Ford F350 Super Duty
• 2003-2007 Ford Excursion

Investigations have begun into whether the Ford Motor Company and Navistar have knowingly sold their customers trucks with inferior engines that are prone to a litany of costly problems including:

• Loss of engine power
• Blown head gasket
• Warped/disfigured head bolts
• Oil cooler failure
• Engine Gas Recirculation (EGR) cooler failure
• Coolant entering the engine’s ventilation system

In 2007, Ford Motor Company sued Navistar (the maker of the 6.0L power Stroke Diesel Engine), claiming that the 6.0L Power Stroke Diesel Engine was defective and that Navistar had failed to pay its portion of warranty claims filed by Ford owners and lessees.

While Ford certainly thought it only fair that they be compensated for these seemingly inferior engines; Ford did not see it quite as fair to stop advertising their trucks with the 6.0L Power Stroke as superior vehicles. Ford also did not see it fit to share any of the money they recouped in their lawsuit against Navistar with the owners of these vehicles, or to issue a recall on their vehicles with 6.0L Power Stroke Diesel Engine. Owners would just have to wait until their vehicles broke down and hope they could afford the costly repairs.

When individuals rely on their vehicles for work and business, problems equal time and money. In turn, a defective truck hurts the small business person who relies on their vehicle for much more than transportation to and from work. The 6.0L Power Stroke Diesel is a powerful engine. It is used by people to haul large loads. As such, the vehicles that run on the 6.0L Power Stroke Diesel are the trucks that haul and move large weight.

People responsible for building our country’s homes and infrastructure need their vehicles to be reliable, which is why many choose brands like Ford, for their typically reliable vehicles. But in the case of the Navistar 6.0L Power Stroke Diesel, it does not seem that a lifetime of quality is what these engines are providing, but rather a laundry list of problems and ever growing repair bills.

A small business owner cannot simply absorb the additional cost of purchasing a new truck or constantly paying for repairs to a truck that simply can never be truly fixed. Many of these trucks have expired or expiring warranties, meaning the shift in financial responsibility for these vehicles is moving to the owners. For many individuals, this added cost could be devastating.

But the costly repairs are not the only fallout from owning a vehicle with a known problematic engine, resale of these vehicles has been greatly affected by the reputation of trucks with the 6.0L Power Stroke engine. Many expect that their vehicle will be an asset in the future that can be sold for a reasonable price, which may not be the case for these Ford trucks. Owners could be stuck with a costly truck that cannot perform its work duties and also cannot be sold for any recovery in monies.

You can’t go onto a truck-related message board without hearing the war stories many 6.0L Power Stroke diesel owners have been through. Some of these sites flat out advise viewers NOT to buy one of these vehicles. For a vehicle that can cost upwards of $60,000, that is simply unacceptable for the hardworking individuals who own these trucks.

Our attorneys don’t think it is fair, either. That’s why we’re investigating claims against Ford and Navistar for owners with 2003-2007 F-250s, F-350s and Excursions. Read more about it here.

In recognition of Traumatic Brain Injury Awareness Month and in celebration of our troops safe return from Combat Deployment, the Alexandria Veterans Affairs Medical Center Employee Association has organized the Freedom 5K/1 Mile Fun Run this Saturday at England Airpark. Proceeds will benefit the Wounded Warrior Project.

Local law firm, Neblett, Beard & Arsenault is a platinum sponsor of the event, and is excited about the opportunity to lend support to our local men and women in uniform.

“This is a great cause, and we are happy to be involved,” said senior partner Richard Arsenault.  “Our troops make sacrifices everyday for our freedom, and this is just a small token of our appreciation.”

The firm will host a booth at the event, and will be offering games, give-a-ways and some free legal services to active troops, veterans and their families.   About one year ago, the firm started a program which provides simple wills, Power of Attorney, notary service and other legal services to servicemen and women at no charge.

“We know that the local community is going to come out in big numbers to support the Freedom 5K,” added Arsenault. “Folks in Central Louisiana understand the importance of military service, and are deeply grateful to the men and women who put their lives on the line for freedom.”

Onsite registration will begin at 6:30am, with the race beginning at 8:00am.  A special ceremony to recognize honorees will take place at 7:30am.   The race will be followed by a Welcome Home event.  For information on how to get involved, call Kyle Liotta at 318-466-2799 or Laura Roach at 318-466-2854, or go online.

Here is the link to what the Town Talk has to say about the event!

Arsenault and a partner in his law firm, JR Whaley, are among a group of approximately 30 lawyers who are moving their clients’ claims through the oil spill fund.

“Justice delayed is justice denied,” Arsenault told the Journal’s Dionne Searcy.
The fund, which is administered by Ken Fienberg , and was set up by BP and the Obama administration, has already paid out $3.35 billion dollars to victims of the spill.

Victims of the oil spill are now deciding whether to opt for potentially quicker compensation through the oil spill fund, or to take their claims through the court system. Victims who seek compensation through the oil spill fund will be barred from filing a lawsuit, and may forfeit future damages that may be awarded by a court.

For many victims, waiting for a courtroom decision may not be possible. Daniel Becnel, a lawyer in Arsenault’s group, explained that many victims need compensation now to avert financial ruin and may not be capable of waiting for a result through litigation.

The CPSC says that new crib standards will assuredly reduce the number of injuries and deaths associated with cribs. The new standards, hailed a “the strongest in the world,” will demand tougher safety testing and better labeling aimed to reduce instances of crib misassembly.

Having represented a family who lost an infant in a drop-side crib, we know firsthand the damage and trauma these dangerous cribs pose. Kudos to the CPSC for taking this bold step to help protect other families from this senseless tragedy.

According to The Associated Press, “Federal Aviation Administration spokesman Lynn Lunsford says the Air Evac helicopter crashed at about 4:15 a.m. Tuesday near the Scotland community in Van Buren County.”

As further details emerge we will update this blog.

Earlier this year, all class action lawsuits stemming from Toyota’s ongoing problems with unintended acceleration in its vehicles were consolidated into a single court in Santa Ana, California. At that time, Judge Selna was selected as the federal judge that would preside over the cases.

In this newly appointed leadership position, Attorney Richard J. Arsenault will help direct the litigation against Toyota for the economic losses linked to the devaluation of its vehicles.

A veteran of class actions and complex litigation, Arsenault filed several class action lawsuits against Toyota and chaired two Toyota Recall Litigation Conferences, which were referred to as “must attends” by the Wall Street Journal. Additionally, Arsenault has been featured for his role against Toyota by NPR, the Associated Press, Bloomberg News, Reuters, CBS and other national and international media sources.

HarrisMartin Publishing, a leading provider of continuing legal education, has announced that its Toyota Recall Litigation Conference will take place March 24 at The Westin San Diego hotel in San Diego, Calif.

The conference has been scheduled to coincide with a San Diego meeting of the federal Judicial Panel on Multidistrict Litigation, which will hear arguments March 25 on the establishment of a coordinated legal proceeding for all federal lawsuits arising from the Toyota recall.

Richard Arsenault of Neblett, Beard & Arsenault and Jimmy Faircloth, of The Faircloth Law Group, will co-chair the program and have invited counsel from some of the earliest-filed cases addressing allegations of sudden acceleration defects in late-model Toyota vehicles.

Prominent trial attorney Mark Geragos, whose law firm Geragos & Geragos has filed several Toyota claims, will deliver a keynote luncheon address.

Among the more than a dozen confirmed speakers for HarrisMartin’s March 24 Toyota Recall Litigation Conference are Elizabeth J. Cabraser, who will speak on the unique case management challenges of the proposed MDL; John R. Climaco, who will present on organizational issues that come with the MDL process; Stanley M. Chesley, who will highlight specific claims expected to be brought in the wake of the recall, and Won J. Kim of Toronto, who will focus on the Canadian experience in auto recall litigation. There will also be sessions on engineering and electronics in auto defect cases, conducted by Seth A. Katz and Hunter J. Shkolnik; corporate damage control by Faircloth, bellwether trial experience featuring Grant L. Davis, Dawn M. Barrios and Shawn G. Foster, and additional relevant topics.

A complete agenda, including topics and current confirmed faculty, is posted at www.harrismartin.com.

Attendees may also register for the event at www.harrismartin.com or by calling (800) 496-4319. Sponsorship and exhibitor opportunities are also available. The host hotel, the Westin San Diego, is offering a discounted room rate for attendees of HarrisMartin’s Toyota Recall Litigation Conference. Call The Westin San Diego directly for hotel reservations, at (619) 239-4500.

The U.S. Consumer Product Safety Commission (CPSC) is announcing the recall of all Generation 2 Worldwide and “ChildESIGNS” drop side cribs. CPSC is warning parents and caregivers who own these drop side cribs that infants and toddlers are at risk of serious injury or death due to strangulation and suffocation hazards presented by the cribs. CPSC staff urges parents and caregivers to stop using these cribs immediately and find an alternative, safe sleeping environment for their baby. Do not attempt to fix these cribs.

The crib’s plastic hardware can break which can cause the drop side of the crib to detach from a corner of the crib. When the drop side detaches, it creates a space into which an infant or toddler can roll and become wedged or entrapped. When a child is entrapped between the drop side and the crib mattress, it creates a risk of suffocation or strangulation. In addition, the crib’s mattress support can detach from the crib frame, creating a hazardous space in which an infant or toddler could become entrapped and suffocate or strangle.

CPSC has received reports of three infants who suffocated when they became entrapped between the crib mattress and the drop side when the drop side detached. In July 2007, an eight month old child from Newark, Ohio suffocated when he became entrapped between the drop side and the crib mattress. The drop side of his crib had detached due to a broken plastic stop tab on the lower track. In October 2003, an eight month old child from Richmond, Ind. suffocated when he became entrapped between the drop side and the crib mattress. The plastic hardware on the drop side was broken and allowed the drop side to detach from the crib headboard in one corner. In September 2002, a six month old from Staunton, Va. suffocated when he became entrapped between the drop side and crib mattress. The lower drop side track was missing two screws which allowed it to pull away from the headboard post and detach.

CPSC has also received reports of 20 other drop side incidents, 12 of which involved the drop side detaching in a corner of the crib. In two of these incidents, a child became entrapped. One child suffered bruising from the entrapment. There are five reports of children falling out of the cribs due to drop side detachment. One child suffered a broken arm as a result of the fall.

In addition, CPSC has received 8 reports of mattress support detachment in these cribs. Due to the space created by the detachment, three children became entrapped between the crib frame and the sagging mattress and four children crawled out of the crib. There was one report of cuts and bruises.

Due to the fact that Generation 2 went out of business in 2005, CPSC has limited information about the cribs. Although CPSC does not know the total number of units distributed or the years of production, it is believed that there were more than 500,000 of these cribs sold to consumers. Some of the known model numbers are: 10-110X, 10-210X, 21-110X, 20-710X, 64-315X, 26-110X, 90-257X, 20-810X, 46-715X, 64-311X, 74-315X, 21-815X, 21-810X, 20815X, 308154 and 54915. (The “X” denotes where an additional and varying number may appear at the end of the model number.) However, all Generation 2 Worldwide and “ChildESIGNS” drop side cribs are included in this recall, including those with other model numbers.

The name “Generation 2 Worldwide” appears on a label affixed to the crib’s headboard or footboard. Some labels identify the place of manufacture as Dothan, Ala. Others identify China as the country of manufacture. The name “ChildESIGNS” appears on the teething rail of some of the cribs.

The recalled cribs were sold at numerous local furniture and retail stores including Buy Buy Baby, and Kmart and Walmart stores nationwide for between $60 and $160. Consumers should contact the store from which they purchased the crib for remedy information, which will vary between a refund, replacement crib or store credit, depending on the retailer. Consumers are urged to contact CPSC and report any difficulties in obtaining a remedy from their place of purchase.

Important Message from CPSC:

CPSC would like to remind parents not to use any crib with missing, broken, or loose parts. Make sure to tighten hardware from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop-side or any other moving part operates smoothly. Always check all sides and corners of the crib for disengagement. Any disengagement can create a gap and entrap a child. In addition, do not try to repair any side of the crib, especially with tape, wire or rope.

If the law passes, it would go into effect July 1 and make Georgia the 20th state to outlaw texting while driving. Colorado, Louisiana, New York, Virginia and Washington are among the 19 states that ban test messages for all drivers. Nine states ban text messaging for teen drivers.

Louisiana Super Lawyers are designated through a rigorous, multi-step evaluation process that incorporates peer recognition and professional achievement. Only 5% of lawyers in Louisiana receive this prestigious acknowledgment.

Arsenault and Walker have been named Louisiana Super Lawyers each year since 2007. They are recognized for their professional contributions in the areas of personal injury litigation and mass tort/complex litigation. Both actively represent victims of serious injury and death resulting from offshore and maritime incidents, automobile accidents, dangerous products, medical negligence, workplace accidents, foodborne illness and environmental exposure to dangerous and toxic substances.

Neblett, Beard & Arsenault, a leading Louisiana injury firm, is proud of this notable achievement of our partners, and are pleased to share their unique skill set with a wide range of clients. Congratulations to Richard and David!

We then proceeded to take the elevator to the 4 th floor where we met one of the newly elected Judges, Mary Doggett. Judge Doggett introduced herself and told the kids the various functions and duties of the judge. I also talked to the kids about the duties of the attorneys and what they do in the courtroom. Judge Doggett then picked 14 kids to go sit in the jury box, selected several to be witnesses, bailiffs, court reporters, attorneys, clients and one lucky kid was asked to be the Judge.

We then brought her to the back where she was fitted with a real judicial robe and we had our real bailiff officially open court and everyone rose while the “kid Judge” came to the bench and greeted everyone and we started a little mini trial. The kids seemed to really enjoy the experience of playing the different roles that people do every day in most courtrooms in the country. After the trial was concluded and we answered numerous questions from the kids, we left the courtroom and brought them to the jail that is connected to the courthouse.

The warden then spoke to the kids about the unpleasantries of being locked up in jail and the rights and privileges that are taken away. We try to stress to the kids that jail is real and it really is a place they do not want to ever be in. After the kids left the jail they were taken to CiCis were our firm treated them for as much pizza as they could eat. They were then bused to our office where they got a chance to see our office and sit in our conference room where I visited with them a little more about what lawyers do outside of the courtroom and in their office. The kids finally left around 1:30pm and I believe it is safe to say that not only did the kids enjoy the field trip but so did I as I felt the kids were very well behaved and they were very interested in what was being said throughout the trip.

Rapides Parish Judge Patricia E. Koch honored nationally

Ninth Judicial District Judge Patricia Evans Koch has been honored as a 2009 Champion for Change in juvenile justice reform for her work locally and across the state. Koch was recognized by the MacArthur Foundation-supported Models for Change juvenile justice systems reform initiative during the Fourth Annual Models for Change national conference in Washington, D.C. The organization said Koch is being honored for her work to improve the lives of court-involved children, their families and communities. Models for Change is the John D. and Catherine T. MacArthur Foundation’s $140 million national initiative to reform juvenile justice across the country.

“Judge Koch’s dedication, expertise, and reputation are having a tremendous impact on Models for Change in Rapides Parish and Louisiana,” said Dr. Debra K. DePrato, director of Models for Change Louisiana. “Her leadership and her ability to bring different groups to the table, is actually changing practice on the ground and has made her a champion and a leading voice for effective change.” Koch was elected to represent Division E of the 9th Judicial District Court in 2005 and has been serving as the juvenile judge since 2006. She led the development of the Rapides Parish Children and Youth Planning Board, while also assisting in the development and subsequent work for two consecutive Louisiana Models for Change grants for the parish. As a result, Koch now provides training and consultation to other planning boards around the state, according to Models for Change.

“I have continued outreach with district attorneys, public defenders, religious leaders and juvenile justice advocates, urging each of them to consider varied and collaborative approaches for the treatment of our youth,” Koch said. “I think it’s important to have all of these groups working together, actively engaged in the community and contributing to this discussion and dialogue.”