Insurance Dispute Lawyer Blog

The MDL has decided on the steering committees for the Chinese drywall lawsuit and while they did not include the Berniard Law Firm, our firm is in a key position to be highly involved as pretrial motions go on in the city of New Orleans. U.S. District Judge Eldon E. Fallon appointed 14 different attorneys from across the country to deal with the defective sheetrock and pretrial motions will be handled in the Eastern District of Louisiana. Judge Fallon will coordinate pretrial litigation and discovery, and, upon completion, all filings will return to their original jurisdictions for trial.

For more information about the MDL or Chinese drywall, please consult the section of our blog dedicated to this serious topic by clicking here.

A story coming out of Coral Gables, FL, demonstrates it’s not just the everyday homeowner who has been struck by Chinese drywall. Even builders have constructed homes for themselves unwittingly with the faulty wallboard. With timelines unclear in regards to when progress will develop, this builder decided not to wait any longer and gutted the 2,300 square foot home as soon as the sulfuric smell wafted into the air.

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…waiting could just make the problem worse, said Frank Mackle, a home builder who recently discovered his own house has the problem product.

The housing market has plummeted on tainted homes in the Gulf Coast area. While buyer beware appears to be the current premise for these sales, some are falling victim to sellers failing to disclose the condition of the homes.

WINK news in South Florida reports

A never-lived-in, four bedroom, two bath home in Northwest Cape Coral is selling for a steal — just $19,800. But buyer beware: the low sticker price is because the home is infected with Chinese drywall. Still, people are interested.

During the pretrial coordination taking place in New Orleans regarding the Chinese drywall class actions taking place across the country, a judge has recently indicated steering committees may be named soon. These committees, one for the collective defenses and one for all of the plaintiffs, are comprised of attorneys within the respective sides and work towards strategy and motion filing. The steering committees are so important because, when matters such as an MDL come down, the various different attorneys from across the country need a coordinated approach to the pre-trial motions because what occurs there affects each of their cases, across the country.

In brief

Some of the many Chinese drywall lawsuits might be seeing a courtroom in as early as six months. The HeraldTribune.com reported that prominent Judge Eldon E. Fallon, who is overseeing “the combined litigation” taking place in New Orleans, is preparing to announce the legal leads for both sides-—so-called “steering committees”—said the HeraldTribune.com.

The search for “a fix” continues as members of Congress solicit aid for their constituents buried under and suffering symptoms from the Chinese drywall in their homes. While litigation efforts may be nearer than what had been previously thought (check this blog tomorrow), homeowners may need help sooner than even that. As a result, Senators from various states have united to try to get help for these people in need.

The Senators, all Democrats, all come from Southern states in which homes were tainted by the Chinese drywall. In soliciting assistance from the White House, the members of Congress are working to exhaust all opportunities available to them in order to get change and relief for homeowners. The Virginia-Pilot reports

U.S. Sens. Mark Warner and Jim Webb of Virginia and other lawmakers sent letters this week to government agencies urging them to come to the aid of families and businesses hurt by tainted Chinese-made drywall.

The head of the Consumer Product Safety Commission (CPSC) leaves today on a trip to Asia that will focus on notifying and warning major exporters that tough regulations regarding toys, drywall and other defective products are to come. These warnings come in the face of serious problems in American homes as toys painted with lead-based materials and Chinese drywall have led to major health concerns and a skeptical eye towards cheaply made products imported from the Far East.

The Miami Herald reports

Inez Tenenbaum, a former South Carolina public schools superintendent who was confirmed by the Senate last month to head the consumer agency, will spend nine days in Hong Kong, Singapore and Vietnam.

In an article from Florida, homeowners are complaining that even when the Chinese drywall that was so toxic and harmful to their home and goods is removed, the smell and damaging fumes remain. Even after the faulty wallboard is taken out of the home, people are complaining that wires, coils and others materials are corroding and the sulfuric smell can still be found.

This is obviously a big problem as it means that either homes will have to be vacated for extended periods of time to allow the dissipation of the gas or that a new process will be necessary for removal that may end up being much more costly. In the end, the homeowner loses even more regardless.

WINK reports about one couple who, expecting a baby in the coming months, have had their world turned upside down by this tumultuous issue: