Ron Austin Law • Harvey, LA

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Author: info@ronaustinlaw.com

What is a Class Action Lawsuit?

A class action is a type of lawsuit where one of the represented parties is a group of people who are represented as a whole by one member of that group. Members of class action lawsuits must have all been harmed in the same way by a defective product or other some other actionable offense.

Featured Class Action Lawsuits

Drugs & Supplements

When drug companies release dangerous and defective drugs to the public, patients who are injured because of it may be able to take legal action and may be entitled to compensation.

  • Xarelto
  • Valsartan
  • Proton Pump Inhibitors – PPI
  • TDF Drugs – Truvada, Viread, Atripla, Complera, Stribild

Medical Devices

When a medical device company is negligent in making sure its products are free from defects, those injured after using those products may be entitled to compensation.

Defective Products

When a company sells a defective product, those who bought the product may be able to file a class action lawsuit against the manufacturer for the cost of the product and any damage the product may have caused to the consumer and the consumer’s property.

  • 3M Military Earplugs

Environmental Hazards

People who were diagnosed with cancer or other serious illness after being exposed to asbestos or any other environmental hazard may be able to take legal action.

  • Mesothelioma
  • Roundup Weed Killer

4 things you should know

Class action lawsuits are filed on behalf of a group of people who believe they have suffered from the companies’ actions. Here are 6 things you should know:

  • Joining the class means waiving the right to file separately.

Joining a class action lawsuit means you are eligible for compensation but you can no longer file a separate lawsuit against the company. If you think you have been harmed more than everyone else in your class action suit, then consult with a lawyer before deciding not to join the class action lawsuit.

  • Strength in numbers.

There should be enough plaintiffs in a class that will make it difficult to bring them before the courts individually. According to most, a class of 40 plaintiffs is a good number for having a class action lawsuit.

  • Settlements can take a while.

People and organizations have multiple opportunities to object to or appeal a settlement and then the settlement has to receive approval from the court. Once the settlement is approved and there are no further appeals, class members will begin receiving their portion of the settlement.

  • Not everyone will get the same amount.

Class action lawsuit settlements typically reach millions of dollars but that does not mean the plaintiff will get a large amount of the settlement. Since there are so many plaintiffs in a class action lawsuit, the individual settlements can seem relatively small considering it total settlement has to be divided among the class.

The success of the overall lawsuit and the amount awarded to the plaintiff depends on the knowledge and experience of the attorney representing them. The experienced and dedicated attorneys at Ron Austin Law are here to help anyone who has suffered from defective drugs, medical devices, products, and environmental hazards. We have successfully fought hard for our class action clients and have a proven record of getting results. Call us today at 504-227-8100 or send us an email at info@ronaustinlaw.com and an attorney will be available to assist you immediately. Our mission at Ron Austin Law is to get our clients the best results possible.

Filed Under: Class Action Lawsuit Tagged With: class action, class action lawsuit, Hard Rock Hotel collapse, juul, roundup weedkiller, TDF drugs, Zantac

2020 Mardi Gras Safety Tips

As we are gearing up for Mardi Gras season, there are several things you should keep in mind if you’re planning on taking part in any of the fun.

Everyone is ready to Laissez les bon temps rouler when it is Carnival time but there are a lot of safety risks when large crowds and booze are involved.

According to the Louisiana Highway Safety Commission, there were 599 crashes that resulted in injuries and fatalities during Mardi Gras in 2015. In 2017, a truck driver with a .232 blood-alcohol level drove into a Mardi Gras parade crowd injuring 28 people. A year later, in 2018, there were 465 fatal and injury crashes during Mardi Gras — alcohol was involved in 46 of the crashes. And last year an impaired driver leaving a Mardi Gras parade struck several pedestrians and bicyclists — killing 2 people.

Every year there is an influx of traffic-related accidents involving alcohol or distracted driving during the Carnival season.

We want to make sure everyone does their best to stay safe this year while enjoying the parades with their friends and families.

Here are 3 tips to help keep you and those around you safe this season:

  • Buzzed? Don’t drive.

Buzzed driving is the same as drunk driving. There are plenty of other ways to get around the city during Mardi Gras like taxi, Uber, or Lyft. If you do opt-in to using Uber or Lyft to get from place to place, set your pick-up location away from the closed streets, make sure to confirm your driver before getting in the car, respect the driver’s car and ditch your drink, share your destination details with your friends, make sure you didn’t leave anything in the car, and make sure you check the price before your ride.

  • Buckle Up.

Whether you are driving or a passenger in another vehicle, wear your seat belt. Seat belts have saved nearly 255,000 drivers and passengers since 1975. They reduce the risk of death and serious injury in the front seats by roughly 50%. If you are not wearing a seat belt, you are 30 times more likely to be ejected from an automobile.

  • Stay Alert.

I know the last thing we want to do is think about the “what if’s” when we are second-lining and catching beads, but staying alert can save you from injury or worse. Make sure you are aware of your surroundings — nearby traffic, people in proximity, exits, law enforcers, Mardi Gras parade traffic — and devise a plan if something were to happen and you need to get to help or safety.

And as a general rule of thumb for Mardi Gras:

  1. Don’t park in front of driveways, fire hydrants, or anywhere you would not normally be allowed to park.
  2. Lock your vehicle.
  3. Keep your children close and make sure they stay behind barricades.
  4. Make sure you are allowed to park or set up tents on neutral grounds (medians).
  5. Glass containers are not allowed on parade routes.
  6. Secure children in ladders viewing the parade.
  7. There can be no ladders or other personal effects (grills, coolers, etc.) closer than 6 feet to the curb.
  8. Parking on St. Charles and Napoleon will be prohibited on both sides of the neutral ground this year starting 2 hours before the parade.
  9. Roping off territory on public sidewalks or neutral ground is banned.
  10. Private portable toilets on public property are banned.

Filed Under: Legal Tips

Big Win Against Brad Pitt & Make It Right in Wake of Hard Rock Collapse

Louisiana State Court Judge Rachael Johnson ruled on Thursday, October 17 that homeowners could move forward with their lawsuit against the Make It Right Foundation and its officers and directors, including founder and actor Brad Pitt for defectively constructed homes just days after Hard Rock Hotel collapsed for possible construction defect.

Defective Construction of Make It Right Homes

Plaintiffs purchased their homes from the Make It Right Foundation from 2008 through 2016 and say that their homes are riddled with defects and are virtually worthless.

Ron Austin Law filed a class action lawsuit on behalf of homeowners in 2018 against Brad Pitt’s Make It Right Foundation and others alleging the “Make It Right” homes were built with defective materials, designs, and construction.

Plaintiffs also alleged the Foundation was insolvent and the Officers and Directors, including the founder Brad Pitt, committed fraud by suppressing knowledge of the defective conditions from the homeowners. The Make It Right Foundation did not reveal the systemic defects in the development until September 2018 when it filed suit against John Williams, the chief architect, alleging damages estimated at $20 Million dollars.

In a statement to the New York Post in February, Attorney Ron Austin said, “Every time there’s been good press, Mr. Pitt has been smiling, shining for the cameras, taking credit, continuing to say he’s not abandoning the project. But the reality is his legal team is doing everything they can to have him removed from this lawsuit. If he gets out of it, residents of Make It Right will be stuck in homes of disrepair with no recourse.”

The Officers and Directors, including Brad Pitt, sought to be removed from the lawsuit claiming, among other things, that they did not personally participate in events complained of by the homeowners.

Plaintiffs argued that Brad Pitt and the Make It Right Foundation were “builders” under the law, and owed a duty to divulge known defective conditions to the homeowners. The Judge ruled on October 17th that the Plaintiffs sufficiently stated a right of action and a cause of action to proceed with their lawsuit.

The Judge’s ruling in court that plaintiffs could move forward with the lawsuit against Make It Right and Brad Pitt is a big win for the homeowners.

Ron Austin and his legal team are proud to seek justice for the homeowners in the Ninth Ward community and anyone else in our community who has been affected by defective construction.

Defective Construction in New Orleans Still Affecting Our Community

Defective construction can result in serious consequences, including building collapse and injury.

As of late, our community has been affected by another possible defective construction incident resulting in tragedy.

On Saturday, October 12th, the under-construction Hard Rock Hotel collapsed on Canal Street in New Orleans — killing 3 and injuring 30 people. The devastating event was captured by witnesses as it happened.

As rescue operations took place, accounts from construction workers and video footage of, what is speculated to be, defective construction in the structure has begun to circulate. The video is currently under investigation for authenticity and whether it portrays structural problems prior to the devastating collapse.

Demolition has begun on the remaining Hard Rock Hotel structure — allegedly costing the city of New Orleans $400k a day. New Orleans Mayor, Latoya Cantrell said during a news conference that the amount being spent to clean up the site and make the area safer does not include the impact on the city’s economy and the city intends to seek reimbursement from the responsible party.

The collapse has not only affected many lives but also surrounding businesses that had to close for being in close proximity to the collapse and some are now even seeking damages.

The Saenger Theatre is currently pursuing a class-action suit against the Hard Rock Hotel developers for interrupted business by the catastrophe. Other businesses like Ruby Slipper Cafe have also been affected by the collapse — which is looking at $40k to $60k in lost revenue only 2 days after the collapse.

Filed Under: Class Action Lawsuit Tagged With: Brad Pitt, class action lawsuit, Defective Construction, Hard Rock Hotel collapse, Hurricane Katrina, Make It Right Foundation

What you should know about Juul E-Cigarettes

What is Juul and why is it so addictive?

Juul, like many other e-cigarettes, has gained popularity among teens for several reasons including its sleek design and user-friendly pods.

The vaping device is hardly noticeable and can be enclosed in the palm of your hand. However, the nicotine content in its pods or cartridges is extremely concentrated.

What sets is apart from other e-cigarettes is that it hits the body with tobacco cigarette-worthy dose of nicotine… Doctors and public health officials also worry about the immediate harmful side effects of nicotine on young people’s brains and bodies. – Vox

How do e-cigarettes work?

E-cigarettes, like Juul, work by converting liquid nicotine into a vapor the user then inhales. The device is battery-operated and is intended to provide the same sensation as smoking an actual cigarette.

Why are people filing e-cigarette Lawsuits?

Juul lawsuits are being filed by vape users who claim that e-cigarette devices and e-liquid flavors can cause harm. Current lawsuits filed claim victims suffered from seizures after vaping, which caused nicotine addiction and have experienced their e-cigarette batteries exploding.

Facts About Juul

  • One Juul Pod contains 20 cigarettes worth of nicotine.
  • Almost 1/5 of middle and high school students have seen Juul used in school.
  • Juul comes in sweet and fruity flavors — making it more appealing and more dangerous.
  • Minors are getting Juul in stores, online, or through friends.
  • The FDA has taken some action.

FDA claims Juul Illegally Marketed E-Cigarettes

According to the Food and Drug Administration, Juul Labs illegally marketed its vaping products as a less harmful alternative to cigarettes. The FDA issued a warning letter to Juul for marketing unauthorized modified-risk tobacco products, including targeting youth and young adults.

Juul representatives claimed when speaking to students:

  1. Juul was much safer than cigarettes and the FDA would approve it.
  2. Juul was totally safe.
  3. Students should mention Juul to his/her friend hooked on nicotine as a safe alternative to smoking cigarettes.
  4. FDA was about to say Juul was 99% safer than cigarettes.

The FDA determined Juul has marketed products without an appropriate FDA order

According to the warning issued to Juul Labs, Juul’s labeling and advertising would be expected to make consumers believe the product will:

  1. Present a lower risk of getting a tobacco-related disease or is less harmful than other tobacco products.
  2. Contain a reduced level of nicotine or substances or exposure to nicotine or substances.
  3. Not contain or are free of nicotine or substances.

Filed Under: Class Action Lawsuit Tagged With: addicted to smoking, e-cigarettes, juul, juul ban, lung disease, vaping

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