Florida Injury Lawyer Blog

As a Florida Chinese Drywall lawfirm, we feel bad for CDW's latest victim: Todd Walker. According to the Miami Herald, Walker worked for South Kendall Construction until it went bankrupt. South Kendall supplied Chinese Drywall to many homes in South Florida. The class-action suit excluded South Kendall's employees. Sadly, Mr. Walker's own home was built with the toxic drywall too.

Miami Judge Farina, ruled that even though Walker was let go before South Kendall went bankrupt, he was excluded from participating in the class. No one has decided whether or not Mr. Walker knew he was distributing the toxic drywall, but common sense would suggest that, he did not by virtue of the fact that his own home was built with the defective drywall.

As a Florida Chinese Drywall attorney, I am sure many of the families that have suffered the loss of their homes, property and have health issues, may not have sympathy for Mr. Walker, but i do. He lost his job, house and an opportunity to participate in the local class action.

Continue reading "Chinese Drywall's Latest Victim" »

The trial is cancelled.

The next federal bellwether trial on Chinese drywall was set to begin in the New Orleans courtroom of U.S. District Court Judge Eldon E. Fallon on Monday.

But the there has been a a last-minute settlement reached between Chinese drywall manufacturer Knauf Plasterboard Tianjin Co. Ltd. and plaintiffs in the two Louisiana cases set to go to trial next week.

The settlement, which has not been signed but could be finalized within a matter of hours, will involve a comprehensive remediation of the two Louisiana homes, similar to what Judge Fallon mandated in his prior rulings and what the U.S. Consumer Product Safety Commission has recommended in its interim guidelines. It involves ripping out all the drywall, along with entire electrical system and other components.

Both sites -- a single-family home and a duplex -- were built with a mix of Chinese and domestic brands of drywall. Consequently, the bellwether trial, which had been scheduled for two weeks in Fallon's courtroom, will be canceled.

This is great news for the thousands of plaintiff's in the MDL, including many of our clients.

The South Florida Business Journal reports, "Testimony concluded shortly after noon Wednesday in the nation's first jury trial involving Chinese drywall.

The case being heard in Miami-Dade Circuit Court pits homeowners against Miami-based Banner Supply Co., which sold imported Chinese-manufactured drywall in 2006.

Closing arguments were set to begin yesterday.  I personally attended part of the trial on Tuesday in time to see the direct examination of one of the plaintiffs.  The court room was full of lawyers, media and others waiting for the outcome of this trial.

The plaintiffs are represented by my friend and mentor, the great Ervin Gonzalez, so they have in my opinion a near 99% chance of succeeding and setting the bar high as to damages for all other trials to come.

Got a sad call Richard Serpe Serpe last night. The federal judge in Norfolk, Virgina ruled that an insurance company did not have to pay a homeowner for damages caused by the toxic Chinese drywall. Judge Robert Doumar's ruling stated, however, the Court will not categorically rule out the possibility that other as-yet-unclaimed losses might be subject to coverage under the Policy's ensuing loss provisions. The ruling could be cited by other insurance companies looking to deny claims filed by homeowners and maybe even tenants.

Chinese drywall was used by the now-closed Venture Supply Company in Norfolk. I was there last week photographing drywall and meeting with Venture's owner.

Homeowners claim it was responsible for corroding electronics and emitting an odor. Some families are convinced it has led to health problems.

The government maintains the best fix Drywall is to remove it completely, but many homeowners say they can’t afford to do so.

A Florida judge granted Class Action status for 152 families with claims against South Kendall Construction Corporation, Palm Isles Holdings, Keys Gate Realty and Banner Supply.

In addition to contaminating the houses, there are claims of personal injuries as well.

Last week, on behalf of the Plaintiff's Steering Committee I travelled to Norfolk, Virginia to inspect first hand a warehouse containing the toxic drywall. Families in Virgina are being represented by attorney Richard Serpe. Richard is a very good friend of mine and should be credited as being one of the first attorneys in the country to represent people against both drywall manufacturers and distributors.

Richard also was the lead counsel in the first drywall trials in New Orleans. He is at the very forefront of this case and has developed much of the discovery, facts and testimony that is being used in cases in Florida and Louisiana.

Lawrence Berkeley National Laboratories Chamber Testing on behalf the Consumer Product Safety Commission on Chinese Drywall.  Knauf Plasterboard (Tianjin) Co., Ltd. (2005) not surprisingly led the test with hydrogen sulfide omissions.

According to the CPSC there are about 3,296 reports from residents in 37 states, the District of Columbia, American Samoa, and Puerto Rico who believe their health symptoms or the corrosion of certain metal components in their homes are related to problem drywall.

If you are concerned about your house or apartment, you should immediately obtain an inspection from a licensed and qualified Chinese drywall inspector.  

The Eastern District of Louisiana's Federal Court has entered a judgment against Knauf Plasterboard Tianjin Co., Ltd., in the amount of $164,049.64 on May 10, 2010.  To see the judgment click here.

If you are concerned about your legal rights regarding Chinese Dry Wall contact

Spencer Aronfeld.

Knauf Plasterboard is one of the primary target defendants in the MDL litigation in New Orleans. The Wall Street Journal reports today that they have reached a settlement with Beazer Homes USA.

This is perhaps the best indication that a settlement with Knuaf is going to happen before more cases go to trial. This is excellent news for those who have had their homes destroyed by Knauf manufactured dry wall. We believe that there remain thousands of potential claimants that are unaware that the homes they are living in actually contain the toxic drywall.

The Law Offices of Aronfeld Trial Lawyers are representing home owners, tenants and neighbors in Florida and Louisiana in the Multi District Litigation in the Eastern District of Louisiana Spencer Aronfeld serves on the Plaintiff's Steering Committee for Chinese Drywall.

If you think that your home has Chinese Drywall contact Spencer Aronfeld for a free and confidential inspection and evaluation of your claim. We utilize state of the art and certified Chinese Drywall inspection teams. Folks who live in homes built with Chinese Drywall often do not recognize the signs such as a rotten egg smell and corroded heating and air condition coils.

The verdict, by U.S. District Court Judge Eldon E. Fallon -- who is overseeing the massive combined Chinese drywall litigation in New Orleans – awards $164,000 plus attorneys' fees and court costs to Mandeville, Louisiana family. The decision calls for their house to be largely gutted down to the studs – replacing all drywall, duct work, the entire electrical system, all copper and silver components, the HVAC system and all damaged appliances and consumer electronics.

As part of the judgment, Fallon ordered that Chinese manufacturer Knauf Plasterboard Tianjin Co. Ltd must pay the Hernandez family for about $5,400 for damaged personal property, as well as close to $20,000 for alternative living arrangements.

The decision comes on the heels of Fallon's previous ruling April 8 awarding $2.6 million to seven Virginia homeowners and the comprehensive remediation ordered for the Hernandez home echoes Fallon's previous ruling that only stringent remediation standards would suffice to solve the problem -- involving largely gutting the homes of all drywall and other components such as wiring, pipes, electronics and appliances.

Stay tuned as additional trials are set and heard.  If you suspect you have Chinese Drywall, do not wait. Act now and call our office for a free consultation.  Failure to act may prejudice your ability to ever collect for your damages. 

Spencer Aronfeld is a member of the Multi-District Litigation Steering Committee, appointed by Judge Fallon in New Orleans.

How do you know if you have Chinese Drywall in Your House?

Are you frequently replacing air conditioning systems or refrigerator components such as air coils?

This may be a sign that your home is contaminated with dangerous Chinese Drywall.

Have you experienced loss of "freon" or refrigerant from your a/c system? It may have leaked into your home from sulfur eaten pinholes in your equipment.

Has your home's electrical wiring turned black corroded?

Has any copper piping turned black?

Has any of your silver jewelry kept in your home turned black?

There may be both electrical and fire safety issues caused by dangerous and defective Chinese Drywall.

How about your physical health?Have you experienced new symptoms involving upper respiratory, nosebleeds, headaches, eye irritations or allergies?

If so, contact our 24/7 Chinese Drywall hot line at: toll-free: 866-597-4529 today.

Immediate Legal Help is Critical. Our lawyers understand the need to conduct immediate legal investigation which includes:

• An immediate investigation to determine if you have drywall contamination
• Determining the extent of contamination and destruction in your home
• Determining who is responsible for the damage> Reviewing your home ownership documents to look for hidden legal deadlines
• Giving you the answers to the tough legal questions you are facing right now
• Reviewing your insurance policies for possible insurance claims
• Choosing the best place to file your lawsuit or claim
• Getting a recovery that can get your damaged home made whole again.

Call us Now: Toll-free: 866-597-4529

The Chinese Dry Wall passed on the Louisiana Senate floor without amendment by a vote
of 38-0 yesterday afternoon. This is the same Bill that passed last week out of committee. The bill would prohibit insurers from canceling homeowners because of CDW, raising rates due to CDW, and requires insurers to reinstate coverage if canceled because of CDW.

This is great consumer protection legislation for CDW homeowners. The bill will now go to a House Committee next week or the following week. While a bill with this type of momentum would be expected to be met favorably on the House side, the House is much more friendly to the insurance lobby and a fight is to be expected. However, if successful, this might be a template for legislation in other States.

This success would not have been possible, but for the hard work of Burton LeBlanc, LTLA and La State Sen. Julie Quinn, who has become a leader in helping CDW victims in La.

I am pleased to report that the CDW Bill passed on the Louisiana Senate floor without amendment by a vote of 38-0 yesterday afternoon. This is the same Bill that passed last week out of committee. The bill would prohibit insurers from canceling homeowners because of CDW, raising rates due to CDW, and requires insurers to reinstate coverage if canceled because of CDW.

This is great consumer protection legislation for CDW homeowners. The bill will now go to a House Committee next week or the following week. While a bill with this type of momentum would be expected to be met favorably on the House side, the House is much more friendly to the insurance lobby and a fight is to be expected. However, if successful, this might be a template for legislation in other States.

This success would not have been possible, but for the hard work of Burton LeBlanc, LTLA and La State Sen. Julie Quinn, who has become a leader in helping CDW victims in Louisiana.

Top Signs that you may have defective drywall:

• A rotten-egg like odor
• Frequent replacement of A/C systems or components
• Electrical wiring that has turned black and/or is corroded
• Piping has turned black and/or needs to be replaced
• Silver jewelry has turned black
• Health related problems that worsen while in your home
• Nose bleeds
• Upper respiratory problems
• Newly developed allergies
• Headaches
• Dizziness
• Eye irritations

If you suspect you have Chinese Drywall contact Spencer Aronfeld in our office for a free evaluation. 305.441.0440. DO NOT DELAY as there are important deadlines in preserving your claim.

New Orleans federal judge Fallon awarded seven Virginia families $2.6 million in damages for homes ruined by sulfur-emitting drywall made in China.

It remains to be seen how the plaintiffs can collect from Chinese companies that do not have to respond to U.S courts, although some have talked about getting orders to seize US-bound ships and cargoes from the drywall companies."

US District Judge Eldon Fallon ruled that the tainted drywall needs to be removed as well as all electrical wiring, the heating and air conditioning system, appliances, carpet, cabinetry, trim work and flooring damaged by corrosion.

Fallon estimated the remediation will cost an average of $86 per square foot and decided that the homeowners were entitled to receive money for relocation costs, reimbursement for personal property damaged by the drywall's sulfuric off-gassing, and compensation for loss of use and enjoyment of a home.

His court's protocol is largely consistent with what the CPSC advised, although it disputed the CPSC's note that drywall that can be identified as unaffected should be left in place, saying the removal of all drywall 'is necessary in order to remove and replace wires, pipes, and insulation, and to adequately clean the home.

Sen. Bill Nelson (D-FL) said, "the ruling gives homeowners 'somebody to put in their sights' to blame for the drywall problem," adding, "Meantime, I'm going to keep pushing our government hard to step up the pressure on the Chinese to get the companies over there to pay up."

The U.S. Consumer Product Safety Commission in recent months has received more than 550 reports from people in 19 states and the District of Columbia involving odors, health symptoms and corrosion problems they blame on imported Chinese drywall.

The complaints involve "rotten egg" smells and corrosion of wiring and other metals in the homes. U.S. officials are still trying to assess the possible health and safety risks.

Drywall, also known as wallboard, is a layer of gypsum pressed between two sheets of paper and is used to construct walls and ceilings in houses. Most drywall used by American home builders is U.S.-made, but shortages at the peak of the housing boom in recent years spurred imports from China.

Problems have been reported in the Southeast, California, Arizona, Washington State, Wyoming and New York. One result has been a rash of lawsuits against home builders and producers and importers of drywall.

U.S. Rep. Mario Diaz-Balart, a Florida Republican, estimated in an interview that 100,000 American homes may have problems with Chinese drywall. Some builders in Florida, he said, are having to gut recently built homes and replace it.
Spencer Aronfeld
Trial Lawyer
3132 Ponce de Leon Boulevard
Coral Gables, Florida USA 33134
T: 305.441.0440
F: 305.441.0198
www.aronfeld.com

New Orleans Federal Judge Eldon E. Fallon is expected to issue a detailed ruling shortly detailing the scope of remediation he thinks is necessary.

However, during the trial, two key points were brought to everyone’s attention which presents a problem for Lennar. That is that the damages to insulated electrical wiring and removal of residual drywalls.

Lennar started remediating homes last year. They stated that it knew what and how the homes needed to be fixed. Initially, However, recent findings conclude that its not that simple. Some of our clients are complaining that the smell and other problems of "fixed" houses has returned.

During the first trial that Lennar's first repair protocol was not working and they have changed it.

Though the change to the remediation process has been made for the future, but what about the early homes where the remaining wiring was left behind?

All eyes will be on the trial against Knopf that starts on Monday, when there will be real evidence introduced to the judge. It is a bench trial, meaning no jury will be sworn in. The first jury trial will be in May or June.  We await the rulings.