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Houston, TX Metro/Personal Injury Blog

Protective Order Entered in Harris County Hurricane Ike Litigation

  • 08
  • March 10
Today, Judge Mike Miller entered a Protective Order applicable to all lawsuits pending in the Harris County consolidated Hurricane Ike docket.  The Protective Order was entered to hopefully facilitate the production of documents from the insurer and insurance adjuster defendants, who had to date generally refused to provide their documents and files in response to homeowners' and business owners' requests.  The order was necessary to bring to light in the course of the litigation the documents and information showing the misconduct of property and casualty insurers, such as Allstate, State Farm, Farmers, Hartford and others, in the aftermath of Hurricane Ike.

The order is available for download at the Court's website: http://www.justex.net/Courts/Civil/CourtSection.aspx?crt=1&sid=344

Jeff Raizner is liaison counsel for the Plaintiffs in the Harris County Hurricane Ike consolidated  litigation.  For more information, contact Jeff Raizner.

Doyle Raizner defends injured water plant worker against his own insurer's lawsuit filed by Zenith Insurance

  • 03
  • March 10
Doyle Raizner, along with attorney David Spradlin of the Law Offices of David Spradlin, filed a defense yesterday for injured water plant worker Eric Hamic.   Mr. Hamic injured his spine working for Hays Utility Service Corp. in September 2007, and its workers' compensation insurer, Zenith Insurance Company, wrongfully denied insurance benefits to treat his injuries.  After lengthy delays, the Texas Department of Insurance eventually ordered Zenith to finally pay for  the necessary benefits.  Unfortunately, Zenith Insurance has sued Mr. Hamic to attempt to avoid paying in accordance with the order of the State.  Doyle Raizner agreed to defend Mr. Hamic against this suit by his own insurance company.

Doyle Raizner Files Insurance Bad Faith Lawsuit On Behalf of Injured Continental Airlines Worker

  • 02
  • March 10
Doyle Raizner filed a lawsuit against American Home Assurance Corporation, Gallagher Bassett, and an adjuster for insurance code violations, insurance bad faith, and for violating the DTPA.  Doyle Raizner's client, a Continental Airlines ramp worker, was underpaid income benefits in a delay period exceeding 16 months.   This wrongful denial of benefits over this extensive delay period have caused significant damages to this client and necessitated taking legal action on his behalf.

Court Finds Guardsmen's Case Against KBR Must Proceed Outside of Indiana

  • 25
  • February 10

Today, the federal court dismissed the claims of the Indiana National Guardsmen in 'McManaway et al v. KBR, Inc.' pending in Evansville, Indiana. The Court found that the KBR defendants could not be sued in Indiana. We are disappointed by the ruling, particularly since so many of the veterans we represent are exhibiting symptoms of exposure to toxic sodium dichromate / hexavalent chromium. We will fight to hold KBR accountable for what happened to our Iraq veterans at Qarmat Ali. Doyle Raizner and co-counsel intend to refile the veterans' claims in another federal-court jurisdiction as soon as possible. This development delays but does not deny justice for the Indiana Guardsmen in this case. The truth of what happened at Qarmat Ali will be told, and we believe it will be told in a federal court. The firm and co-counsel represent other veterans in Qarmat Ali-related cases pending in West Virginia and Oregon federal courts.

Doyle Raizner LLP Files Lawsuit On Behalf of Injured Worker Against Zurich American Insurance Corp.

  • 23
  • February 10
On February 22, 2010, Doyle Raizner LLP filed suit in district court in Harris County, Texas against Zurich American Insurance Corp.  and its adjuster related to their handling of an injured worker's claim for worker's compensation benefits.  In this case, the injured worker received multiple reports from neutral state appointed doctors supporting the worker's claim for benefits that the carrier and its adjuster refused to accept.  The injured worker was forced to hire counsel and receive an order from the Texas Department of Insurance requiring Zurich to pay the long sought after benefits.  Unfortunately, the many month delay caused significant financial and emotional damages for which this worker and his family are still fighting to overcome.

Hearing on Texas Windstorm Depositions in Harris County

  • 22
  • February 10
Today Judge Mike Miller conducted a hearing on depositions in Texas Windstorm cases pending in Harris County.  Currently, the depositions of certain Texas Windstorm executives are scheduled to take place beginning in late March and continuing into early April, and the depositions have been noticed in Galveston County under a deposition order.  We have been concerned that Texas Windstorm is not moving promptly to complete production of written discovery, including documents about their claims handling practices, and that Texas Windstorm would use its own delay in producing documents as an excuse to further delay depositions in these cases.  Doyle Raizner does not believe the deposition process should be delayed further, and accordingly we filed a cross notice of these depositions in our Goddard v Texas Windstorm case.  Judge Miller determined that the depositions should proceed under an order that obligates Texas Windstorm to produce its witnesses for deposition promptly.  The Court's order will be posted within the next several days at the Court's website:  Harris County Ike Docket

Veterans exposed to hexavalent chromium deserve lifelong health care and Purple Hearts, Sen. Ron Wyden says | Health & Fitness News - OregonLive.com

  • 19
  • February 10
Article published today in The Oregonian by writer Julie Sullivan regarding the sodium dichromate exposure at Qarmat Ali.  Ten Doyle  Raizner clients in the Qarmat Ali litigation appeared at a press conference with Sen. Wyden in Portland, Oregon.  The article can be found at: http://www.oregonlive.com/health/index.ssf/2010/02/wyden_extends_hand_to_help_ore.html

Doyle Raizner represents the historic Galveston Balinese Room in suit against Texas Windstorm Insurance Association

  • 18
  • February 10
Like many other homes and businesses, the Balinese Room was destroyed during Hurricane Ike.  Build on a 600 foot pier at 21st Street and Seawall in Galveston, the Balinese Room over its lifetime hosted such greats as Frank Sinatra, Bob Hope, Jack Benny - and generations of Galvestonians.  It survived Hurricanes Carla and Alicia, and was vacant for nearly 20 years before being restored by Scott Arnold and his Arnold Properties, Inc. in 2001.  All that remains today are the pilings shown on the photograph below - and the memories of those who participated in its history.  Unfortunately, TWIA has not honored its contract to fairly and reasonably protect the financial, historic and cultural value of this important part of Galveston history.  A copy of the lawsuit petition is attached.  FS - Original Petition.pdf

Oregon National Guard troops participate in Sen. Ron Wyden press conference

  • 18
  • February 10
Sen Wyden press conf 18 Feb 2010.JPGAt a press conference in Portland, Oregon this morning, Senator Ron Wyden of Oregon called for legislation to protect soldiers exposed to sodium dichromate by Kellogg, Brown and Root (KBR) at the Qarmat Ali water treatment plant in Southern Iraq.  Ten former Oregon National Guard troops were on hand,and Spc. Larry Roberta spoke on behalf of this group of Doyle Raizner clients.

We are proud to represent Andy Tosh, the first member of UK forces to join suit against KBR

  • 04
  • February 10

Along with members of the US Army National Guard, a large contingent of the British forces deployed in 2003 were also tasked with protecting KBR's Qarmat Ali project near Basra, Iraq.   Unfortunately, these men, primarily members of the RAF Regiment, were likewise wholly unprotected against the hazards of sodium dichromate-an anticorrosive chemical containing nearly pure hexavalent chromium, a carcinogen- even after its presence and dangers of unprotected exposure were known to KBR's managers for months and months.

We are proud to represent Andy Tosh, a retired sergeant from the RAF Regiment now living in Lincolnshire,  as he has joined the case of West Virginia veterans suing KBR for knowingly exposing them to the hazards at the site without protection.  What appears clear from documentation provided to the British Forces is that at the same time KBR's managers were documenting elevated chromium levels in the admittedly inadequate blood testing of KBR's civilian employees, KBR's managers apparently deliberately told British Forces exactly the opposite.   Accordingly to an internal KBR memo dated August 8, 2003  "60 percent" of workers showing symptoms" was being found, while the KBR personnel in liason with the British forces were telling them (accordingly to a British Forces fact sheet, "b. Biological monitoring test results to which we have been given access for contractors and American forces have been within normal limits.").   Andy Tosh and his fellow members of British Forces, part of the Multinational Forces serving in support of  Restoring Iraqi Freedom, were entitled to and did rely on the knowing misrepresentations by KBR's managers about the hazards they faced at the time of their exposures, as well as the serious health consequences they now face.  It is simply not right that these men serving their country, in this case America's staunchest allies in the United Kingdom, have the bear the consequences of these deliberate decisions by KBR's managers.

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