Homes with a "rotten egg" smell, or corroded plumbing or electrical wiring, may contain Chinese drywall, which releases a sulfur gas that can cause these problems, says an attorney of the Chinese Drywall Attorney Alliance (CDAA). Although many people have filed lawsuits to recover money for Chinese drywall problems, the CDAA says a new deadline in the Chinese drywall MDL litigation in New Orleans makes it important for unrepresented Chinese drywall victims to contact a lawyer immediately.
(PRWEB) November 8, 2009 -- Homes that smell like rotten eggs, or have corroded plumbing, air conditioning, or electrical wiring, may contain toxic Chinese drywall, according to attorney Mike Evans. Millions of pounds of defective, toxic Chinese drywall were imported in 2005 and 2006 during the building boom after Hurricane Katrina, and recent reports suggest that Chinese drywall may have been used in some houses built before 2005, Evans says. The drywall emits sulfur gas, which can irritate the eyes and respiratory system, and can cause corrosion of metal used in pipes and wiring, says Evans. Evans is one of the lawyers of the Chinese Drywall Alliance (CDAA), a multistate coalition of law firms which have joined forces on behalf of people with Chinese drywall problems.
Evans says the CDAA is now offering to arrange home inspections to determine the presence of Chinese drywall. The CDAA is offering to provide a home inspection and free Chinese drywall case review for people who call them at 1-800-509-5357 or visit http://chinesedrywallattorneyalliance.com. The CDAA has also release a video discussing Chinese drywall problems at http://www.youtube.com/watch?v=WvNeKONvE_I
Evans said attorneys of the CDAA are representing some of the plaintiffs in the fast-track Chinese drywall MDL litigation in New Orleans. "With trials expected to begin as early as January 2010, the MDL is designed to bring a quick conclusion to the Chinese drywall litigation, unlike some litigation which drags on for years. And the MDL court's announcement of a "breakthrough agreement" in a November 2, 2009 order makes it important for people with Chinese drywall in their homes to hire a lawyer as soon as possible, even if they choose a law firm which is not a member of the Chinese Drywall Attorney Alliance," said Evans.
The Order announcing the "breakthrough agreement" was signed by Judge Eldon Fallon, who is presiding over the Chinese drywall MDL litigation, and can be found at http://www.laed.uscourts.gov/Drywall/Orders/PTO17.pdf.
According to the November 2nd Order, Knauf Plasterboard (Tianjin) Co., Ltd. (KPT), a Chinese drywall manufacturer, has agreed to waive service of process through the Hague Convention, and will accept service of an Omnibus Class Action Complaint which is to be filed on or before December 9, 2009. Without KPT's agreement, Evans said, KPT can insist that people suing KPT translate their lawsuits into Chinese, and meet other requirements that can add to the time and expense of the litigation. In order for their clients to be included in the December 2nd Omnibus Complaint, the Order requires individual Chinese drywall attorneys to provide Arnold Levin (Plaintiffs’ lead counsel) with evidence which establishes that their clients' homes contain KPT Chinese drywall. The deadline for submitting this evidence is December 2, 2009. Plaintiffs who are included in the Omnibus Complaint must also submit a fully completed and executed Plaintiff Profile Form to Russ Herman, Plaintiffs’ Liaison Counsel, by December 14, 2009.
Evans said: "Unrepresented people who have Chinese drywall claims should understand that time is crucial when it comes to participating in this agreement. Individuals shouldn’t expect to call lawyers on December 1, 2009 and say they want to be included in the Omnibus Complaint. Instead, they need to hire a lawyer now if they want to participate in the Omnibus Complaint, because it will require time to arrange for inspection of the client’s home, and for submission of evidence to Plaintiffs' lead counsel." Evans says that people who do not meet the December 2 deadline may still file Chinese drywall claims after December 2, but those people may not obtain the benefits of the agreement announced in the November 2 Order.
The MDL litigation is titled In re: CHINESE-MANUFACTURED DRYWALL PRODUCTS LIABILITY LITIGATION (MDL no. 2047) and is pending in the United States District Court for the Eastern District of Louisiana.
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