Vioxx Judge Puts Chinese Drywall MDL Cases on Fast Track

Wednesday, August 12, 2009
New Orleans federal district court judge Eldon Fallon knows how to manage mass torts. He's the judge, after all, who oversaw the $4.85 billion settlement of Vioxx claims against Merck in 2007. So we were quite intrigued to see this story in the Miami Daily Business Review, outlining Fallon's plan for the 600-case multidistrict litigation involving allegedly sulfur-emitting Chinese-made drywall.

Fallon intends to begin trying bellwether cases before the end of the year, according to the Daily Business Review. Working with members of the defense and plaintiffs steering committees, he will pick five representative cases to test plaintiffs claims that the drywall in their houses is defective."

Fast-tracking is an understatement. It's a rocket docket. And he means business," plaintiffs steering committee member Ervin Gonzalez of Colson Hicks Eidson told the DBR. "He wants the first case tried by the end of the year, and he wants an inspection of every home. He wants to be able to get to the bottom of the problem."

Plaintiffs' lawyers told the DBR that Fallon's fast track to trial will encourage homeowners to consider settling their cases, but one of the lead drywall defendants, Knauf Plasterboard Tianjin said Fallon's inspection order and a requirement that all claimants fill out fact sheets "will substantially narrow the scope of the litigation and finally put to rest the speculation as to the number of homes that are impacted by Chinese drywall."

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posted by Ellis, Ged and Bodden, P.A. at 5:56 AM

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