Attorney General Alerts Consumers to Important Deadline in Chinese Drywall Litigation
TALLAHASSEE, FL – November 23, 2009 – (RealEstateRama) — Attorney General Bill McCollum today issued a consumer advisory alerting homeowners whose homes contain allegedly defective Chinese drywall manufactured by Knauf Plasterboard (Tianjin) Co., Ltd. to an opportunity to ensure their claims against the company are preserved. Knauf is one of several Chinese drywall manufacturers accused in a private class action lawsuit pending in federal court in Louisiana, of importing defective drywall into the United States during the recent housing boom. The company has agreed to accept service of a single lawsuit that will be filed on December 9, 2009 in the Louisiana federal court However, under the court’s order, homeowners with homes containing the allegedly defective Knauf drywall who wish to be included in the lawsuit must submit claims to the lead counsel in the lawsuit on or before December 2, 2009.
Because the Attorney General is not involved in the private lawsuit, homeowners considering whether they should submit a form and participate in the action should consult with a private attorney regarding any legal questions. The Attorney General cannot offer legal advice as to whether a homeowner should join the legal proceeding.
Affected consumers who wish to be included as plaintiffs in this litigation against Knauf must submit a completed transmittal chart and proof that their properties contain Knauf-manufactured drywall. This information must be received by Plaintiffs’ Lead Counsel by December 2, 2009. Plaintiffs’ Lead Counsel is Arnold Levin of Levin, Fishbein, Sedran & Berman of Philadelphia, Pennsylvania. Claims may be submitted by e-mail at the following e-mail address: alevin (at) lfsblaw (dot) com. They may also be faxed to the attention of Arnold Levin, Esq. at 215-592-4663. Acceptable forms of proof include photographs of the drywall found in the consumer’s home, with any labeling clearly shown.
Additionally, a fully completed and signed Plaintiff Profile Form must be submitted to Plaintiffs’ Liaison Counsel by December 10, 2009. Plaintiffs’ Liaison counsel is Russ M. Herman of the New Orleans firm of Herman, Herman, Katz & Cotler, LLP. The Plaintiff Profile Form is attached below. The Form may be submitted to the following e-mail address: Drywall (at) hhkc (dot) com.
All questions regarding either the transmittal chart or the Plaintiff Profile Form, as well as any aspect of the pending litigation, should be directed to the counsel listed above.
The defective drywall allegedly emits unpleasant and potentially harmful sulfur gasses that not only corrode metal found throughout homes, in air conditioners and household appliances, but may adversely affect residents’ health. Florida has an estimated 35,000 homes that may contain Chinese drywall, including Knauf Chinese drywall. The number of homes affected in Florida constitute approximately 30 percent of the homes in the United States containing the allegedly defective product. The Chinese drywall is believed to have been used primarily in homes built or remodeled between 2004 and 2008. To help homeowners determine whether the drywall in their home was manufactured by Knauf, photos of Knauf’s drywall can be found at: http://www.laed.uscourts.gov/drywall/images/DrywallMarkings/09_KNAUF_TIANJIN.pdf.
Knauf will only waive formal service under the Hague Convention of the complaint filed on December 9, 2009. Homeowners who submit all of the required paperwork by the December 2, 2009 deadline may avoid the burden of serving the complaint on Knauf in compliance with Chinese law. Knauf has indicated that it will not waive formal service for any other lawsuit.
A copy of the form transmittal chart is available online at: http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7Y3LUY/$file/TransmittalChart.pdf
Media Contact: Sandi Copes
Phone: (850) 245-0150
