Attorneys for Louisiana ratepayers claiming Entergy companies failed to maintain its distribution and transmissions systems as required by law and despite ratepayer increases to harden the system during severe storms have documented Tuesday that the company has “chopped up” some of the evidence of its failed infrastructure.

In particular, as part of the investigation, the attorneys and their experts went to the site of the large tower failure near the Avondale Shipyard, with drones, only to find that the large tower is no longer there. 

​The site of the large tower which delivered the main power lines to the metro New Orleans area was also physically examined by Attorney Juan LaFonta and others.
"It's interesting that while the residents of New Orleans can't get their garbage or debris picked up, Entergy can trash an entire tower," said Attorney Andrew Jacoby. “The citizens of Louisiana and the City Council needs to know where the tower is now.”

“It is clear that Entergy is doing what all large corporate actors do when charged with gross negligence,” said Attorney Stuart Smith. “They threaten, they hide, they play a complicated shell game to protect their profits and avoid being held accountable.”

Ironically, the New Orleans City Council, Entergy New Orleans chief regulator, is held a hearing today on Entergy’s proposals to merge its operations in order to gain a more favorable regulator than the City.

“Their actions are reprehensible. They are conspiring to limit their liability because they understand their exposure in failing to address the deficiencies in their infrastructure,” said Mr. Smith, referring to a  2010 study by the U.S. Department of Energy, Office of Electricity Delivery and Energy Reliability, a 2007 “Hardening Study", and a  2016 “Resilience Plan”. “The law is very clear as to the minimum standards required of companies such as Entergy. These minimum standards were violated.”

Mr. LaFonta said the phones have been ringing off the hook since the filing of the class action lawsuit against Entergy for citizens and residents of Louisiana injured by the company’s failure to transmit power to its customers despite multiple studies and reports calling for the power company to strengthen its aging infrastructure in light of storms, climate change and despite ratepayer increases for such actions.

Plaintiffs include individuals like Lexie Keys of Marrero whose home was supposed to be a priority ‘reconnect’ after a power failure due to dialysis equipment required to maintain the life of her mother, whom she cares for. Instead, Ms. Keys had to evacuate to Texas and find alternative housing, which the combined salaries of all in her household cannot sustain. Another plaintiff, according to Mr. LaFonta, died from heat exposure when the power failed at the nursing home shelter to which the person was evacuated.

“We are going to fight for the interests of Louisiana’s people,” said Mr. LaFonta. “We are standing up for Louisiana residents and businesses who have been injured as a result of Entergy’s negligence and failure to transmit energy to its customers. The scope of the lawsuit is meant to protect all citizens of Louisiana, from the families who have lost a freezer of food, to businesses who have been shuttered as a result of power loss in hard hit communities.”

Mr. Smith and Jacoby said the legal team has retained experts necessary to aide them in holding Entergy accountable. This lawsuit only covers people who are residents and citizens of the State of Louisiana. For information about the lawsuit, call Mr. LaFonta at 504-323-6049.

The lawyers recommend that residents impacted by the power failure should keep a record of expenses and other documentation related to the scope of their damages. They also suggest residents and business owners keep a diary of notes or a computer journal about how the conditions have affected them from the loss of power. 

​“This records and notes will be important if called for testimony,” said Mr. Smith.

A class action lawsuit was filed Saturday in Orleans Civil District Court by Stuart Smith (of Counsel) and Andrew Jacoby of Cooper Law Firm, Juan LaFonta of Juan LaFonta and Associates, and Jack Harang of the Law Offices of Jack Harang against Entergy Corporation, Entergy New Orleans LLC and Entergy Louisiana LLC on behalf of nearly 1 million Hurricane Ida-impacted residents and business owners who suffered blackouts following Hurricane Ida due to the company’s failure to maintain its distribution and transmissions systems despite ratepayer increases for such actions.
 
The case has been assigned to the Honorable Rachel Johnson, Judge.
 
Attorney Juan LaFonta said, “We are standing up for people and businesses who have been injured as a result of Entergy’s negligence and failure to transmit energy to its customers. From the families who have lost a freezer of food to businesses who have been shuttered as a result of power loss in hard hit communities, to those with serious injuries or hyperthermia-related wrongful death due to the power loss, our intent is that all Hurricane Ida-impacted residents are represented in this class action lawsuit.”
 
Mr. LaFonta said a call center for those wishing to join the class action is 504-323-6049.
 
Last year, the energy corporation reported a record $1.4 billion in profits. Despite a 2007 “Hardening Study" and 2016 “Resilience Plan” the Entergy Corporation systematically deferred maintenance on infrastructure, causing avoidable blackouts to nearly one million properties in Louisiana during the hurricane and subsequent days. 

“Entergy has been keenly aware of the shortfalls in their infrastructure for over a decade,” said Mr. Smith. “They knew their facilities were not sufficient to withstand severe weather, yet instead of upgrading their grid – like their study recommended and their plan outlined – they pocketed that money and sent all-time-high profits to their shareholders instead of protecting the health, welfare, safety, and lives of Louisiana residents.”
 
The lawsuit states that Entergy created a system that could not and would not sustain even a minor hurricane with wind gusts at or below 100 MPH. Entergy made the decision to not invest in the underground transmission of electricity, which in an environment like Southeast Louisiana, could have assured regular, consistent, and sustained protected service to all their customers, not just in affluent neighborhoods. Instead, Entergy chose the bubble gum and super glue approach to protect their billions of dollars over the welfare of their customers, because Entergy knew that whatever damages were sustained during a storm could be quickly billed back to its customer base.
 
Entergy’s greed and lies set the foreseeable stage for hundreds of thousands of people to be left without refrigeration, air conditioning, and in many cases sewerage problems. Entergy’s negligence also led to thousands of people not only sitting without lights; but, unable to learn what the storm and electric failure had wrought.
 
According to Mr. Smith, who has made a career highlighting the gross deficiencies and negligence of the world’s energy industry, eight out of 10 outages in Louisiana during the past five years are due to infrastructure issues. Entergy had been repeatedly fined over the past decade for deferred maintenance. A 2010 study by the U.S. Department of Energy, Office of Electricity Delivery and Energy Reliability found aging infrastructure to be more susceptible to damage caused by severe weather and hurricanes, and wind damage in particular. 
 
“The Entergy corporation knew of the deficiencies in their infrastructure yet failed to act upon them,” said Attorney Harang, citing the companies’ claims that their transmission system could withstand 140 mph winds and that its River Tower, which carried transmissions to 216 substations and fell into the Mississippi River during Hurricane Ida, had no structural issues as of last year. “This is gross negligence.” 
 
The attorneys also cited the failure of Entergy New Orleans to turn on its New Orleans Power Station, built to serve a small number of customers in case of a grid failure; it was not turned on until September 1- three days after Ida hit the area.
 
In addition to the costs associated with long-term power outages for homes and businesses, damages can include mold and mildew in buildings, loss of food, the costs of relocation, and the stress of dealing with these losses and dislocations. “Entergy should have foreseen the possibility of a Hurricane Ida and planned accordingly,” said Attorney LaFonta.
 
The legal team of Smith and Harang are best known for securing the $1.056 billion judgement against Exxon in the 2001 Grefer case (for radioactive contamination in the New Orleans community) as well as the $3.2 billion judgment for the New Orleans train explosion suit (NOTX).
 
Mr. Harang said, “We intend to also ultimately seek injunctive relief to require Entergy to provide protective underground service and create sufficient redundancies to guarantee this never happens again to all of Louisiana’s customers.”

Thirty-two residents are taking the owners of the Cortland at Stonebriar Apartment Complex in Frisco, Texas, to court today to recover in excess of $1 million in damages after fire alarms and sprinkler systems failed to engage during a fire that broke out on Wednesday, Feb. 17.
         Attorneys Zeke Fortenberry and Mark Underwood filed the petition today in the Collin County District Court. Frisco is located in the North Dallas suburban corridor of Texas. The apartment complex is located in the 9000 block of Gaylord Parkway.
         All residents of the 260-unit Cortland at Stonebriar Complex were displaced by the Feb. 17 fire that burned for over 36 hours and required the assistance of fire units from five neighboring departments to get under control, according to official reports. According to these reports, 62 of the units were completely destroyed, while others were impacted by water damage.
         The petition filed today notes that despite the weather impacts in the area from a deep freeze and widespread power outages, the biggest culprit in the apartment disaster is the lack of operational fire alarms in individual units and the failure of the fire suppression sprinkler system to engage properly.
         The lawsuit focuses on the negligence of the apartment complex for failing to regularly inspect and maintain apartment fire alarms, as well as failing to maintain and operate a sufficient fire suppression and warning system.
         Federal and state laws, as well as City of Frisco fire codes, require landlords and property managers to comply with fire regulations or face charges of negligence for indifference to the rights, safety and welfare of the families they invited to reside at their apartment complex as renters. In essence, this failure to protect is a breach of contract with their residents, the suit notes.
         The residents seek compensation not only for the loss of their homes and belongings but for injuries and other loses suffered due to the fire.
         The attorneys representing the residents are licensed Texas lawyers specializing in disaster cases and helping victims. For comment or information, contact Sydnee Reed, (469) 626-7373 or [email protected].
 
Media contact: C. Brylski or D. Johnson (504) 460-1468 or [email protected]

​Stephen Estopinal, eight-year veteran of the Southeast Louisiana Flood Protection Authority–East created after Hurricane Katrina, praises Levees.org founder Sandy Rosenthal’s new book Words Whispered in Water: Why the Levees Broke in Hurricane Katrina (Mango, 2020). 
 
Estopinal’s book review will appear in the upcoming double issue (vol 40, numbers 1 & 2) of the Xavier Review. An early galley has been released ahead of the hard copy issue.

In her book, Rosenthal is highly critical of the levee board reform movement, labeling it as both ineffective and a distraction from the true culprit in the flooding event, the Army Corps of Engineers. 
 
Estopinal––who was president of the Authority when his eight-year tenure ended––appears to agree.
 
Here is an excerpt from the review:
 
“...Rosenthal attended board meetings of the Southeast Louisiana Flood Protection Authority – East during the construction of the new flood post-Katrina protection system. She observed firsthand how design comments provided by the experts on the board were routinely ignored.
 
“...I––a past commissioner of the Authority East––can confirm that the many public comment and review meetings that the Corps hosted during the construction of the new system were simply for show. Major decisions were made and locked in stone before anyone outside of the Corps’ sphere of influence could contribute.”
 
Words Whispered in Water, which is reviewed by Publishers Weekly, has been a #1 New Release on Amazon for eight straight months. An unboxing video promoting the book’s release has amassed over 135,000 views on Facebook alone.
Stephen Estopinal’s full review can be seen below:

To help navigate the on-going professional and financial uncertainty facing native New Orleans musicians, trombonist, composer and producer Delfeayo Marsalis reported that 200 local musicians accepted $113,475 in stipends thanks to donations to the non-profit KNOMA, designed to help keep the city’s music culture thriving.

Launched at the beginning of August, the non-profit was founded by Delfeayo in honor of his late father, the legendary New Orleans pianist Ellis Marsalis who succumbed to Covid-19 on April 1, 2020 at the age of 85.

With performance venues shut down indefinitely and the musical tourism industry boarded up, the young Marsalis wanted to help artists struggling to fill a huge void.

The donation appeal continues, with support continuing to be sought for www.knoma.org, where donors can indicate how their funds are to be utilized and/or include a personal dedication in honor of a particular person or artist.

“We know the need is there, so every donation truly helps,” said Marsalis, who said 100 percent of all donations go directly to New Orleans musicians and culture bearers.

Artists, who must be native-born or long-term resident performers in New Orleans to receive assistance, can apply for grants through KNOMA’s website.

“We can no longer take for granted the brass bands on corners, the street musicians in Jackson Square, and the players in our clubs who perform with the joy and celebration that millions of visitors equate with the Big Easy,” says Marsalis.  “We have to keep our music, the heart of New Orleans, beating for generations to come!”

 For more information and to donate, visit www.knoma.org
 
Media contacts for interviews with Mr. Marsalis:
Ann Braithwaite, Braithwaite & Katz Communications; 781-259-9600; Text: 781-367-9760
[email protected]

C. Brylski or D. Johnson (504) 897-6110; [email protected]; (504) 460-1468
 
MISSION Keep NOLA Music Alive assists in sustaining New Orleans culture by providing emergency aid to native musicians and culture bearers. A rich and thriving musical culture attracts countless visitors to New Orleans from around the world. Native culture bearers—from musicians to dancers and other performers—suffer from circumstances beyond their control. Keep NOLA Music Alive, a 501c3, provides emergency assistance to those artists who live the music of the city where jazz was born.  ELIGIBILITY Applicants must earn their livelihood substantially through performance in New Orleans and can demonstrate unexpected financial hardship. A written application must be submitted.
 
For release September 24, 2020

In order to increase cash flow to providers of services and suppliers impacted by the 2019 COVID-19 pandemic, the Centers for Medicare & Medicaid Services (CMS) expanded its Accelerated and Advance Payment Program (MAAPP) to Medicare Part A providers and Part B suppliers. This was part of the CARES Act passed by Congress.
 
Accelerated/Advance Payments 
An accelerated/advance payment is intended to provide necessary funds when there is a disruption in claims submission and/or claims processing. These ‘loans’ become due August 1 while hospitals in Louisiana are still flooded with COVID-19 patients, still cancelling elective surgeries, and in some instances forced to reduce staff due to escalating costs associated with purchasing new equipment and other resources to deal with the pandemic.
 
Louisiana Medicare Part A Providers are Hospitals, Skilled Nursing Facilities; Part B Providers are Doctors, Durable Medical Equipment suppliers, and others. Louisiana Part A and Part B Providers received $1.5 billion under this program, made available on May 2. 
 
The first round of these payments, or about half the award, is coming due even while hospitals report massive revenue losses, and the rest of the payments will expire in about two weeks, just as Louisiana needs continued access to the funds.
 
Oschner said its healthcare system, which sees about $4 billion in revenue yearly, predicted 2020 revenue losses would fall in the $350 million to $500 million range. LCMC Chief Executive Officer Greg Feirn predicted revenue loss of about $100 million between March, April and May, excluding money spent on equipment and additional workers during the hospital’s surge. Tulane Medical Center, which is majority-owned by health care giant HCA Health Care, received $26.4 million from the federal payout for hospitals in hotspots, but hospital spokesperson Sarah Balyeat said it represents just a fraction of anticipated lost revenue and increased expenses.
 
Contact Dr. Bill. Cassidy, U.S. Senator from Louisiana, to get an update on what Congress is doing to resolve this issue before the August recess.
 
Hospital associations are asking Congress to push back the draw down deadline and repayment schedule of the MAAPP loans and lower the payback interest rate from 10 to one percent. If Congress does not resolve the issue, Louisiana stands to lose access to more than half a billion dollars in needed hospital assistance.
 
Local spokespersons on this issue: Contact C. Brylski/D. Johnson (504) 897-6110 or
 
Federation of American Hospitals members:
https://www.fah.org/fah-ee2-uploads/website/maps/FAH-Louisiana.pdf
 
Rural providers: Howard Castay, Board Member, Teche Action Clinics/Morgan City, [email protected]

​Understanding both the professional and financial uncertainty facing native New Orleans musicians, trombonist, composer and producer Delfeayo Marsalis is launching a new non-profit designed to help keep the city’s music culture thriving. 
“My dad dedicated his life to growing and promoting New Orleans musicians,” said Marsalis the legendary New Orleans pianist Ellis Marsalis who succumbed to Covid-19 on April 1, 2020 at the age of 85. “Today, the global health pandemic presents a threat to New Orleans’ culture bearers like none before. No less than our centuries-old musical heritage is at risk. With all performance venues shut down indefinitely and the musical tourism industry boarded up, our artists are struggling with both professional and financial uncertainty. Keep NOLA Music Alive was organized to fill a huge void.”
Delfeayo kicks off the fundraising effort with a “Double-Nickel Birthday Bash” virtual performance Sunday, August 2, 5 p.m. CDT/6 p.m. EDT marking his 55th birthday. To attend the concert, log on to Facebook.com/Delfeayo Marsalis. The concert will feature dynamic performances by the Uptown Jazz Orchestra and vocal powerhouse Tonya Boyd-Cannon.
Donations can be made now at www.knoma.org. Donors can indicate how their funds are to be utilized and/or include a personal dedication in honor of a particular person or artist. 
“We know the need is there, so now is the time to step up and help,” says Marsalis.
The idea to start the KNOMA initiative arose from a local record store’s tribute to Marsalis’ father. 
“Peaches Records in Uptown New Orleans, for decades a supporter of local artists and New Orleans music, posted a sign that read, ‘Thank you Ellis Marsalis for Keeping NOLA Music Alive!’ the day after my dad’s passing,” Marsalis said. He developed a plan, assembled a board of directors, and secured lead funding for KNOMA, assuring that 100 percent of all donations go directly to New Orleans musicians and culture bearers. 
Artists, who must be native-born or long-term resident performers in New Orleans to receive assistance, can apply for grants through KNOMA’s website.
“We can no longer take for granted the brass bands on corners, the street musicians in Jackson Square, and the players in our clubs who perform with the joy and celebration that millions of visitors equate with the Big Easy,” says Marsalis.  “We have to keep our music, the heart of New Orleans, beating for generations to come!”
 For more information and to donate, visit www.knoma.org
 Media contacts for interviews with Mr. Marsalis: 

• Ann Braithwaite, Braithwaite & Katz Communications; 781-259-9600; Text: 781-367-9760, [email protected]
• C. Brylski or D. Johnson (504) 897-6110; [email protected]; (504) 460-1468

 
​MISSION
Keep NOLA Music Alive assists in sustaining New Orleans culture by providing emergency aid to native musicians and culture bearers. 

ABOUT A rich and thriving musical culture attracts countless visitors to New Orleans from around the world. Native culture bearers—from musicians to dancers and other performers—have sustained this centuries old heritage for future generations to enjoy. The Covid-19 pandemic [and Katrina before it] has exposed the vulnerability of these individuals, who even in good times can suffer from circumstances beyond their control. Keep NOLA Music Alive, a 501c3, provides emergency assistance to those artists who live the music of the city where jazz was born. 

ELIGIBILITY Applicants must earn their livelihood substantially through performance in New Orleans and can demonstrate unexpected financial hardship. A written application must be submitted. ​

A statement from the Honorable Erroll G. Williams, Assessor:
 
In the interest of public health, employee safety, and slowing the spread of COVID-19, the Orleans Parish Assessor's Office located on the 4th Floor of City Hall will not be open to the public until further notice. Office staff will continue to work and be accessible by phone at 504.658.1300 and email, [email protected].

The Orleans Parish Assessor’s Office located in the Algiers Courthouse will be closed entirely until further notice. 
 
During this time, the only forms our office will collect are the LA Special Assessments Form (age/disability freeze) and Change of Address.
 
The LA Special Assessments Form (age and disability freeze applications) are available online and can be emailed to the office. If an individual wants to drop off a completed form with supporting documentation, they may do so at the mail slot located at Room 4E01. A staff member will contact the applicant at the phone number provided.
 
These forms are available at nolaassessor.com by clicking the FORMS tab. All supporting documentation must be provided and attached to the email or when dropped off with the completed application form. 

How to qualify for an Age Freeze 
To qualify for an age-freeze, the homeowner must be at least 65 by December 31st in the year preceding the year the freeze goes into effect and meet certain income restrictions. The maximum qualifying income changes annually; please call 504.658-1300 to verify the current maximum. Once successfully gained, this SAL is permanent and you do not need to reapply for it on an annual basis. Age-related abatements or “freezes” must be documented by:
 
1.      A valid Louisiana Driver’s License or Louisiana State I.D. (address must correspond to property’s address on application);
2.      Proof of annual income: 1040 adjusted gross income of prior year’s income tax return or Social Security award letter for individual with no income or job.
 
How to qualify for a Disability Freeze 
Disability SAL must be reapplied for annually. This special assessment is not to be confused with the 100 percent Veterans Disability. Disability-related abatements or “freezes” must be documented by: 
 
1.     A valid Louisiana Driver’s License or Louisiana State I.D. (address must correspond to property’s address on application); 
2.     A letter from a federal or state agency confirming the total disability; OR
3.     A service-connected disability of 50 percent or more with a Veterans Administration (VA) letter of determination or notice of award (address on letter must correspond to address on application); and
4.     Proof of annual income: 1040 adjusted gross income of prior year’s income tax return or Social Security award letter for individual with no income or job.
 
If you need a Homestead Exemption, please call our office at 504.658.1300 and we will mail the application form to you. We will not be processing nor applying Homestead Exemptions until the office is reopened. We do not anticipate this to have a significant impact on homeowners as Homestead Exemptions can be applied through August 15, 2020.
 
Thank you for working with our office to prevent further spread of COVID-19. ​