The Federal Water Pollution Control Act (“Clean Water Act”) was passed in 1972. It was estimated that, at the time of its passage, over 60% of the nation’s waters had become unsafe for fishing or swimming. The stated goal of the Clean Water Act (“CWA”) was to reduce pollution and restore the biological, chemical and physical integrity of our nation’s waters. The law sought to achieve a zero discharge of pollutants into “navigable waters” by 1985 and fishable and swimmable waters by 1983. A noble goal indeed, and, while great strides have been made towards restoring our nation’s waters, we have not achieved the goals of the CWA. This short article is focused on the controversy surrounding the definition of “waters of the United States” in an attempt to explain the issue in an abbreviated, nontechnical manner.

Attorney Bradley L. Leger partner of the law firm of Leger Ketchum & Cohoon, PLLC, has filed a product liability lawsuit on behalf of his client, the Plaintiff, alleging that a number of severe and debilitating complications were caused by two different types of defective hernia mesh, including the Bard Perfix Plug and Ethicon Prolene Mesh. The complaint, which is pending in the U.S. District Court for the Southern District of Texas, names C.R. Bard, Bard Davol, Inc., Johnson & Johnson, and its Ethicon subsidiary as Defendants. The Plaintiff first received a Bard Perfix hernia plug in March 2015. However, days after the surgery, he developed problems like groin pain, a spreading rash and tests revealed that the hernia mesh had folded on itself and ultimately the hernia ruptured, resulting in the need for a second repair surgery. The Plaintiff then had to undergo another hernia surgery involving the use of Ethicon Prolene mesh. But the severe pain and complications continued following this procedure. Ultimately, it was determined that the mesh was reacting horribly within his body, resulting in yet another revision surgery.

Today everyone recognizes that the owner or operator of a property/facility can, under appropriate circumstances, be held liable for the historical environmental conditions existing on that property. When acquiring real property, an ownership interest or leasehold interest in real property, or even a general business interest, the most effective way to manage the risk of environmental liability is to understand the property’s pre-existing environmental conditions prior to the intended acquisition. The only way to obtain the necessary level of understanding is through the environmental due diligence process. Keep in mind that managing environmental risk is more than simply identifying environmental conditions.

Leger Ketchum & Cohoon, PLLC trial attorney Bradley Leger filed a product liability, wrongful death lawsuit against Dodge on behalf of a Texas woman stemming from a December 25, 2015 rollover crash that claimed the life of her 56 year old husband. According to the lawsuit, at around 10 a.m. on Christmas day, while traveling eastbound on I-20, the man was involved in an accident that caused his 2007 Dodge Ram pickup to roll over several times. At the time of the accident, the man was properly seated and properly wearing the available 3-point seat belt. However, despite properly wearing his seatbelt, the man sustained fatal injuries when the vehicle failed to protect him due to a myriad of defects, including a defective and insufficient restraint system. The lawsuit further alleges that the Dodge truck was recalled for at least two steering defects and not equipped with side-curtain/rollover airbags. According to Mr. Leger, “the seatbelt failed, which along with the lack of proper airbags, caused the man to sustain fatal injuries. Notably, another vehicle involved in the crash contained two occupants and also rolled over, but both of those individuals survived. This is a tragic case of well-known defects and a lack of proper safety equipment causing a preventable death.” Bradley Leger is a nationwide personal injury attorney that primarily focuses on auto defects, product liability, truck accidents, airbag and seatbelt failures, rollovers, catastrophic injuries, RV/Boat and house fires, nursing home neglect, and medical malpractice. To learn more about LKC and Bradley Leger, please visit www.lkclawfirm.com.

LKC is proud to announce that attorney David J. Owens has joined our firm. Born in Pittsburgh Pennsylvania, David graduated from West Virginia University with an undergraduate degree in biology and a graduate degree in quantitative ecology and statistical computer modeling. David is a graduate of the Duquesne University School of Law in Pittsburgh, Pennsylvania. Before joining LKC, David was the Vice President and Deputy General Counsel for Anadarko Petroleum Corporation. He was also environmental counsel at several large law firms in Texas and Virginia, and in-house counsel for Exxon Corporation. Prior to practicing law, David was an environmental consultant for several large, national engineering firms and a manager of environmental control systems for Untied States Steel Corporation. David has nearly 30 years of experience practicing environmental law including litigation, permitting, compliance counseling, agency enforcement actions, and state and federal investigations. Some of his most notable matters included the Exxon Valdez Oil Spill Litigation, Tronox Incorporated, et al. v. Kerr-McGee Corp., et al., In re: Oil Spill by the Oil Rig “Deepwater Horizon” in the Gulf of Mexico on April 20, 2010; and State of Montana v. State of Wyoming, et al. (Yellowstone Water Compact litigation before the United States Supreme Court – Original Jurisdiction). David will continue to focus his practice on environmental law, including environmental and toxic tort litigation, environmental remediation and restoration matters under RCRA and CERCLA, and private party actions for surface and groundwater damage.

In 2016, the Texas legislature changed the rules for Landlords when posting a notice to vacate prior to filing an eviction suit against a residential tenant. Landlords posting a notice to vacate on the OUTSIDE of a Tenant’s door under the alternative notice provisions of new Texas Property Code Section 24.005(f-1) must meet specific format requirements.

UPDATE: Judge approves $36 million settlement for refrigerators that combust. LKC is taking additional DEFECTIVE REFRIGERATOR cases against NORCOLD. Please contact attorney Bradley L. Leger at 832-764-7201 or bleger@lkclawfirm.com for a FREE consultation.

As a strong supporter of the communities we serve, the Firm recently joined the Boerne-Kendall County Economic Development Corporation. The BKCEDC is a Public/Private Partnership sponsored by Kendall County, City of Boerne, Greater Boerne Chamber of Commerce, and a dedicated group of over 80 private business investors who, like Leger Ketchum & Cohoon, PLLC are committed to promoting desirable economic development that will support a thriving, diverse and sustainable quality of life in Kendall County.

The deadly Oakland warehouse inferno that took the lives of 36 people during a party Friday night may have been caused by a refrigerator. Alameda County Sheriff Greg Ahern told reporters on Tuesday that investigators with the US Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) have identified a refrigerator as possibly being where the fire sparked. A video taken inside the enclave just hours before the tragedy, shows a few partygoers dancing and laughing among each other in a darkened room. The dark and grainy video appeared to back up stories from survivors who have previously told how they had to fight for a way out of the burning warehouse down a narrow staircase. One of the people who escaped told authorities there were flames coming from the refrigerator.

On November 22, 2016, Hon. Amos Mazzant issued an order enjoining implementation of the new FLSA rule changes set to begin on December 1, 2016. Those changes, among other things, more than double the minimum salary certain employees must be paid to be considered exempt from paying overtime. Judge Mazzant’s ruling is likely to be appealed. But it could be months or years before we know whether the Department of Labor’s interpretation of the FLSA is constitutional. For now, though, the new rule’s requirements are on hold. Please call Patrick Cohoon (San Antonio area) or Derek Flynn (Houston area) if you have questions about this important decision and how it may affect your business.