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Three Chinese drywall companies have agreed to a $248 million settlement with customers, ending 10 years of litigation over allegedly defective drywall.
Manufacturers including Taishan Gypsum Company LTD, Shangdong Taihe Dongxin Co. LTD, and Taian Taishan Plasterboard Co. LTD have agreed to settle with homeowners who claimed that they were negatively affected by defective drywall made by the companies.
Under the terms of the proposed settlement deal, homeowners may be eligible for compensation for damage to property suffered, including property costs, and alternative housing required.
Additionally, for people who allegedly suffered physical injury because of the drywall, compensation may be available for those injuries, along with pain and suffering and emotional distress.
The proposed settlement deal notes that eligible Class Members may not receive full reimbursement for the damages claimed. Eligibility for reimbursement, and the amount that a customer may be reimbursed, will be determined by factors including the amount of drywall in the home, how much if any money has been spent on repairs, and the size of the property affected by the drywall.
A website has not yet been established to notify Class Members of their rights under the drywall class action settlement. However, once the website it up and running, customers can view a spreadsheet to see if they are eligible for benefits.
Class Members will not have to file a claim for benefits if they have already been identified as a known Class Member, but if they believe that they are eligible, they can fill out a Claim Form once the website is active.
The drywall defect multidistrict litigation is the result of numerous drywall class action lawsuits that were combined into one suit. In the drywall class action lawsuits, homeowners say that drywall from the three manufacturers was used to repair homes damaged by Hurricane Rita and Hurricane Katrina.
Allegedly, the Chinese drywall was used because there was a shortage of building materials. The drywall class action lawsuits say the drywall was defective, and caused a range of problems.
The homeowners claim that the drywall emitted a sulfur gas which was released when gypsum in the drywall reacted with other materials in the drywall itself. Allegedly, the sulfur gas caused health problems to homeowners, and caused metal objects in their homes to corrode.
The drywall problems class action lawsuits argues that those residing in homes with the Chinese drywall suffered physically from the sulfur gas, as it made them sick.
Drywall products included in this settlement are:
- BNBM and Dragon Brand
- C&K
- Chinese Manufacturer #2 (purple stamp)
- Crescent City Gypsum
- DUN
- IMT Gypsum
- ProWall
- TAIAN TAISHAN and Taihe edge tape
- Venture Supply
- White Edge Tape, boards with no markings or boards with no markings other than numbers or letters
The proposed settlement deal awaits preliminary approval from a judge.
Homeowners are represented by Arnold Levin and Sandra L. Duggan of Levin Sedran & Berman, Richard J. Serpe of the Law Offices of Richard J. Serpe PC, Stephen J. Herman of Herman Herman & Katz LLC, and by Patrick S. Montoya of Colson Hicks Eidson.
The Chinese Drywall Multidistrict Litigation is In re: Chinese-Manufactured Drywall Products Liability Litigation, Case No. 2:09-md-02047-EEF-JCW, in the U.S. District Court for the Eastern District of Louisiana.
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27 thoughts onChinese Drywall MDL Ends In $248M Settlement
The proposed settlement offers are terrible. Plaintiffs have waited over 10 years to be offered pennies on the dollar. No one will be made whole. Most are offered around 10% to 20% of what will be needed to properly remediate these homes. The attorneys will make out and move on to the next victims. Something fishy going on.
The plaintiffs’ attorneys appear to have botched this litigation from the beginning, starting over a decade ago. The courts appear to have been, at a minimum, complacent in this botched litigation. More recently, it’s fairly clear that the plaintiffs’ attorneys lied to the U.S. District Court in Miami, Judge Cooke presiding, filing a Motion in August 2018 claiming, for all intents and purposes, that the plaintiffs wish to waive their Constitutional right to a jury trial and propose that the claims process be finalized before a Special Master. The Motion further claims that the plaintiffs seek to forgo a jury trial to reduce judicial labor. Judge Cooke had to have known that that was a lie, but appointed a Special Master anyway, which turned out to be a horrific disaster for a large number of plaintiffs, while being a big win for the courts and the plaintiffs’ attorneys. For the next nine months, the plaintiffs’ attorneys and the courts apparently mislead the plaintiffs and the media, giving every indication that the litigation was headed for trial. Then, in a 2-day secretly negotiated mediation on May 22-23, 2019, the plaintiffs’ attorneys capitulated and settled for pennies on the dollar. Following that settlement negotiation, the lead plaintiffs’ attorneys made public statements that they were pleased with the settlement and happy for the plaintiffs, called the settlement fair, and even thanked the defendant, Taishan Gypsum, and its attorneys for agreeing to a fair resolution. That “fair resolution” comes up $150k short of compensating me for just the cost of remediating/repairing my toxic Chinese drywall home, only covering about 14% of the cost. Some plaintiffs will make out better, some worse, but none will come close to being fully compensated for their losses.
How do you know if it’s exists in your home??
Please add me.
Add me please
Add me
i lost 2 homes because of the drywall
Add me to the list.
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I have this in one of my properties.