Attorney General alerts consumers to important deadline in Chinese drywall litigation
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:
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