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Attorney General alerts consumers to important deadline in Chinese drywall litigation

By Staff | Nov 23, 2009

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 Dec. 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 Dec. 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@lfsblaw.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 Dec. 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@hhkc.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 gases 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 Dec. 9, 2009. Homeowners who submit all of the

required paperwork by the Dec. 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

A copy of the Plaintiff Profile Form is available online at:

http://myfloridalegal.com/webfiles.nsf/WF/MRAY-7Y3LWF/$file/PlaintiffProfileForm.pdf

Source: The office of Attorney General Bill McCollum