Class Action Practice

Taggart Morton Lawyers’ Class Action Experience

Taggart Morton attorneys have substantial experience in class action litigation. Drawing from their base of historically regulated clients in the transportation, public utility and health care fields, Taggart Morton attorneys have played leadership roles in multiparty class action cases for many years, including mass tort cases, business/contract cases and multidistrict litigation. We have served as lead, local, and liaison counsel in numerous complex class actions, and both bench and bar recognize our reputation in this area. Our practice involves cases in federal and state courts in Louisiana and elsewhere in the Gulf South. Our cases involve varied factual backgrounds, including contract, securities fraud, toxic tort, environmental, product liability and antitrust claims. Our attorneys provide sophisticated and effective representation that is both creative and cost effective.  A sampling of these cases, in alphabetical order, can be found below.

•  Albarado v. UP, et al.  ?? current and retired railroad employees working in the United States filed a national class action suit against the 6 Class I rail carriers operating in the United States alleging that the employees were damaged by career?long exposure to hazardous chemicals. Client: Norfolk Southern Corporation.
• Andre v. Murphy Oil USA, et al – explosion and fire at refinery precipitates class action by neighborhood residents and businesses as well as injured workers at the refinery. Client – Louisiana Power & Light.
• Arana v. Ochsner Health Plan – class action allegations in this ERISA action held in abeyance until named plaintiff’s contractual subrogation claims dismissed by Fifth Circuit en banc. Client: Ochsner Health Plan/Humana Health Benefit Plan.
• Bayou Savage litigation ? Bayou Sauvage is a national wildlife refuge located near Slidell, Louisiana. Current and former area residents filed a groundwater contamination class action against multiple defendants who had owned or operated a creosote facility on the land that became Bayou Sauvage. Client: The Alabama Great Southern Railroad Company.
• Bayou Sorrel litigation ? Concomitant state/federal class actions addressing long?term groundwater contamination and exposure, including the In Re Bayou Sorrel litigation. Clients: Norfolk Southern Railway Company and Entergy Corporation.
• Benbow v. Aspen Technologies, Inc. – Securities fraud action. Client: Plaintiffs.
• Cole v. New Orleans Terminal Company – Class action arising out of tank car derailment where 150?or?so plaintiffs contended that non?leaking tank car nevertheless caused an array of ill health effects. Client: New Orleans Terminal Company.
• In Re: Combustion, Inc. – seventeen consolidated toxic tort suits later certified as class involving CERCLA Plaintiffs seeking cleanup and restitution for former waste site. Client: Entergy Louisiana, Inc.
• Duson, Louisiana groundwater contamination suit ?? Class action on behalf of area residents against multiple defendants alleging groundwater contamination. Client: Anheuser?Busch, Inc.
• Farragut, Tennessee derailment ?? Train derailment in Farragut, TN caused sulfuric acid to leak from one of the cars and about 2,200 people to be evacuated. A number of class action and individual suits were filed in both federal and state court. Brought in to assist local counsel. Client: Norfolk Southern Corporation.
• In re:  GM Pickup Truck Litigation – counsel for objector class headed by our client Certificate Clearing House.
• Gunderson Managed Care Litigation/Liberty Mutual v. Gunderson et al – This complex set of litigation cases involved approximately 30,000 individual claims by hospitals and health care providers claiming breaches of the payment terms of their contracts to be managed alongside a state court class action and multiple federal injunctive actions designed to halt the state court litigation. Clients:  Coventry Health Care and First Health Group Corp.
• Illinois Central Creosote litigation – ground water contamination action filed by area residents against owner/operator of creosote facility in Bossier City, Louisiana. Client: Illinois Central.
• In re New Orleans Train Car Leakage Fire Litigation. A tank car containing 1,3 butadiene ignited below the Florida Avenue overpass in New Orleans East. Approximately 9,700 residents were evacuated.  Client: New Orleans Terminal Company.
• Shamieh v. CCN, et al. (mass joinder) – physician action against 75 insurers and payers alleged to have underpaid contractually allowed reimbursement for medical services.  Clients: Fair Isaac Corporation and Community Care Network.
• Tenet v. Humana – (mass joinder) – case involved approximately 7000 patients whose health care benefit claims had allegedly been underpaid under applicable contract terms.  Client: Humana.
• Tenneco Tank Explosion. A floating roof storage tank overflowed and ignited, causing a large explosion that led to an evacuation of several thousand people in Chalmette, Louisiana. Client: Chicago Bridge & Iron.

In addition, Taggart Morton lawyers have been called in to assist on numerous cases across the southeastern portion of the United States. Numerous other actions involving class action allegations suffered dismissal of these allegations and the class certification request at the very outset of the litigation.

Practitioners:

Perry R. Staub, Jr.| Mark E. Van Horn
Donald J. Miester | Janet D. McGrew