Free Consultations and Notary Services

Gert Town Radiation Case – Press Release

Eric Lassair, et al. versus New Orleans City, et al.
USDC, EDLA, Civil Action No. 19-11377, Section “H”

From: Attorneys Suzette Bagneris, Madro Bandaries and Steven Rando (Counsel for the Plaintiffs)

On July 17, 2020, the Honorable Jane Triche Milazzo issued a Judgment in favor of the City of New Orleans, ARS Aleut Remediation, LLC and ARS International, LLC DISMISSING WITH PREJUDICE all of the Plaintiffs’ claims. In a four page Order and Reasons (which included a signature page), the Court stated that the Plaintiffs alleged that the Defendants breached their duty to warn, protect and inform Plaintiffs of the risk of exposure to hazardous materials; however, the Plaintiffs do not point to any federal regulation violated by Defendants and do not purport to allege the amount of radiation to which they believe they were exposed.

To the contrary, Plaintiffs’ attorneys assert that they specifically pled violations of the Price Anderson Act “PAA” as the federal regulation violated and Plaintiffs’ pleadings. Plaintiffs attached a US EPA document to their First Amended Petition which stated exactly where and how much radioactive material was excavated from the soil. It does not get more specific than that. Plaintiffs fully intend to appeal the Judge’s dismissal of this case.

“The Court’s Judgment is consistent with institutional and systemic disregard shown for the health, safety and welfare of poor and minority communities in America. The affluent in America are able to work things out on the golf course, while poor and minority communities attempt to address wrongs in the courtroom only to have doors of opportunity slammed in their faces before their case can even begin. These Plaintiffs did not even get a chance to conduct any discovery regarding the facts. It’s a shame that your zip code still determines your level of justice in America,” said Attorney Suzette Bagneris.