MB&C represents a class of persons who filed suit against the Jefferson Parish Landfill (the “Landfill”), for causing foul and offensive odors from July 1, 2017 to December 31, 2019 that were so widespread and pervasive they disrupted the lives of residents in Waggaman, Avondale, Harahan, River Ridge, and South Kenner.
General Causation was tried in January and February 2022 by Jason Landry of Martzell, Bickford & Centola, along with co-counsel, before the Honorable Susie Morgan in Federal Court in New Orleans. At issue was whether odors and gases were being emitted by the Landfill during the relevant time period and whether any such odors or gases were capable of producing the injuries claimed by any one or more of the plaintiffs in this case.
On November 29, 2022, the Court issued its ruling in favor of Plaintiffs, concluding that Plaintiffs proved that odors and gases emitted by the Jefferson Parish Landfill during the relevant time period were capable of causing headaches, nausea, vomiting, loss of appetite, sleep disruption, dizziness, fatigue, anxiety and worry, a decrease in quality of life, and loss of enjoyment or use of property in the general population.
With the issue of General Causation established, MB&C, along with co-counsel, intend to seek class certification on behalf of residents in Waggaman, Avondale, Harahan, River Ridge, and South Kenner for nuisance damages sustained due to emissions from the Landfill caused by the Landfill's failure to prevent property contain the noxious gases.
The case is Ictech-Bendeck v. Waste Connections Bayou, Inc., No. 18-7889 c/w 18-8071, 18-8218, 18-9312, U.S. District Court for the Eastern District of Louisiana.