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Wednesday, October 23, 2019

Will Eddie Rispone "tort reform" Hard Rock victims out of their fair share?


The city says the demolition, clean up, and recovery operations following the Hard Rock hotel collapse have cost something on the order of  $400,000 per day. That's bound to be a sensitive issue, particularly now that we are heavy into budget season. The mayor assures us, though, that we're going to make sure we're covered.
The presence of police, firefighters and other city workers on the site has been costing taxpayers about $400,000 a day Cantrell said Monday, pledging that those costs would be recouped once the “responsible party” for the disaster is found.

“We’re making sure every step of the way the liability is with the responsible party, and that is not with the city of New Orleans,” Cantrell said.

Determining responsible parties is going to be critical in this case because, unlike many of the disasters we are used to around here, this one won't draw any help from FEMA. The city has also set up a "resource center" at  the Main Library for workers and business owners who were affected by the disruption.  Also there is an intake survey for businesses to fill out online here. Presumably, even the "disrespectful" businesses are allowed to do this.
Despite a week-and-a-half-long interruption to daily life at one of the city’s busiest intersections, Cantrell said displaced residents and many business owners have shown patience. But she also said some businesses had been "downright disrespectful" and impatient in the face of closures and evacuations. She didn't name any of them.
Inevitably all of this is headed to court where the city and various other aggrieved parties will look to hold Hard Rock, the developer Mohan Kailas, and the primary contractor Citadel Builders accountable for damages.  Multiple lawsuits have already been filed.  Because Citadel and its subcontractors had been in the practice of misclassifying workers, many victims and families may not be eligible for healthcare or worker's comp benefits.   In the absence of federal disaster relief, legal action is likely the only recourse for everyone.

Meanwhile, the statewide election is into its runoff stage. Republicans are on the verge of capturing legislative supermajorities and possibly the Governor's office. One of the animating issues for them this year has been "tort reform."
Oil and gas isn’t the only business sector trying to attribute Louisiana’s problems to trial lawyers The Louisiana Association of Business and Industry has long been engaged in demonizing trial lawyers as the bane of Louisiana business, while they’ve waged a campaign for “civil justice reform”, as they’re now calling it. LABI has long been the primary financial backer of Louisiana Lawsuit Abuse Watch, which claims to be “a citizen watchdog group dedicated to stopping lawsuit abuse that threatens local businesses and jobs.”

The remaining Republican candidate for Governor happens to own a large construction industry firm himself.  He has some pretty strong opinions about the rights of injured workers and governments to sue companies who have caused them injury
Rispone, who compared himself to President Donald Trump, pointed to Louisiana’s natural resources, including oil and gas, that he said should be bringing the state jobs.

“Lawsuit abuse is killing thousands of jobs,” Rispone said. “You know that better than anybody.”
The soon to be governing power in the State of Louisiana defines the only available path to remuneration for disrupted small businesses, compensation for depleted public finances, justice for injured workers, and reparations for a despoiled environment as "lawsuit abuse" and wants it obliterated. 

Once this radical faction is in office, will it move to obstruct justice for the Hard Rock victims? If so, who will speak out for them? Don't count on the Advocate editorial board.  In its endorsement of John Bel Edwards, the paper offered a few issues on which it continues to disagree with him.
There are, after all, many problems to solve, and we haven’t always agreed with the governor’s approach to the state’s underlying challenges. Louisiana needs a governor who supports tort reform and will stand up to trial lawyers and teacher unions. Lawsuits against energy companies put our state at a disadvantage when it comes to attracting investment.
Once the dust blown about by a building collapsed by criminal capitalism has settled, and the damage incurred by its several victims endures, don't expect much sympathy from the local media monopoly. Not when there is still "investment" to attract and unions to crush, anyway.  

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