Parker Waichman LLP

Chinese Drywall Manufacturers May Try to Evade Lawsuits

Lawyers for Chinese drywall victims are warning clients that some Chinese manufacturers may simply choose to ignore lawsuits filed in the U.S. According to an Associate Press report, attorneys for the thousands of homeowners who have filed lawsuits over Chinese drywall are already considering contingency plans should this occur. Chinese drywall poured into the U.S. […]

Lawyers for Chinese drywall victims are warning clients that some Chinese manufacturers may simply choose to ignore lawsuits filed in the U.S. According to an Associate Press report, attorneys for the thousands of homeowners who have filed lawsuits over Chinese drywall are already considering contingency plans should this occur.

Chinese drywall poured into the U.S. between 1999 and 2007 because of the high demand created by the housing boom. Imports accelerated when the rebuilding that followed Hurricane Charley in Florida in 2004, and Hurricane Katrina along the Gulf Coast in 2005, created a drywall shortage. According to The Wall Street Journal, some 500 million pounds of Chinese drywall was imported to the U.S. during the housing boom. That means as many as 100,000 homes throughout the country could have been built with the material.

Gases emitted from Chinese drywall are being blamed for significant property damage, including damage to HVAC systems, smoke detectors, electrical wiring, metal plumbing components, and other household appliances. These gases also produce a sulfurous odor that permeates homes, and cause metals, including air conditioning coils and even jewelry, to corrode. People living with Chinese drywall have also suffered eye, respiratory and sinus problems that may be linked to the gases. So far, the Consumer Products Safety Commission has received 1,501 Chinese drywall complaints from homeowners in 27 states, the District of Columbia and Puerto Rico.

Lawsuits involving Chinese drywall have been consolidated in Federal Court in New Orleans. We reported last week that Judge Eldon E. Fallon, who is presiding over the case, hit Chinese drywall manufacturer Taishan Gypsum Co. Ltd. with a default judgment in favor of plaintiffs after it failed to respond to a class action lawsuit filed against it. Taishan is also known as Taian Taishan Plasterboard and Shandong Taihe Dongxin Co. Ltd.. The firm is controlled by the Beijing New Building Materials Public Limited Co. (BNBM), a state-owned entity under control of the Chinese government.

According to the Associated Press, plaintiffs’ attorneys are concerned other Chinese manufacturers will ignore lawsuits and judgments as well. They point out that Chinese firms have done so in other cases involving toxic toys, tainted heparin and contaminated foods. Suing firms in international courts is time consuming an expensive, and civil judgments rendered in U.S. courts are not enforced in China, the Associated Press said.

There are a number of options attorneys are considering should Chinese drywall manufacturers ignore lawsuits filed here, the Associated Press said. These include filing claims against U.S. investment bankers who financed the Chinese companies, and seizing ships that brought the drywall to U.S. ports. One attorney interviewed by the Associated Press said such moves could be a way of “getting the missing parties to the table.” Another attorney told the Associated Press that considering the billions of dollars at stake, a way would be found to make Chinese manufacturers responsive.

The Chinese drywall debacle has prompted some lawmakers and consumer advocates to push for remedies that would make foreign companies more accountable in U.S. product liability cases. The Foreign Manufacturers Legal Accountability Act, which was introduced in the U.S. Senate earlier this year, would, among other things, require foreign manufacturers to agree to be held accountable by U.S. courts.

What Our Clients Say About Us
We have worked with thousands of clients and we appreciate them and their positive reviews. Here are just a few recent client reviews...
5 Star Reviews 150
Wow I have never had such a positive review of a law firm and I guess it’s because they never get it all right. This law firm did and they were the ultimate in professional acumen, business acumen and they made what I thought would be a hard process very easy. Tina Morace was the ultimate para legal who when I called and or had a question if was in a call,on vacation or busy made sure to make me a priority and return all my calls within half hr. Service like this makes me and will make me always recommend this law firm and to feel comfortable doing so. Tina’s service I hope will be recognized as she is the ultimate professional and made me feel comfortable for the whole two year process. Have an awesome day and once again they are awesome.
Cleveland Bannister
3 years ago
5 Star Reviews 150
Michelle Josama helped me through a very difficult time. I would highly recommend her for your next attorney.
David Schilberger
3 years ago
5 Star Reviews 150
Gina Viti..My Lawyer with PW LLP.., Gina is an extra special person with Neverending patience..I am OLD SCHOOL..She had to walk me through all necessary steps and did so with knowledge and kind consideration..Not easy to deal with an elder..Gina miraculously got my HEARING going over the phone..Gina is a thorough all encompassing Lawyer..I so much appreciate her and will never forget her
Dorothy Zaharatos
4 weeks ago

Why Choose Us to Help You?

We Take Care of Everything
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
No Recovery = No Legal Fees
We work on a contingency-fee basis, meaning that we only get paid from a portion of your settlement or jury award. If you don't get compensation, you owe us nothing.
Decades of Experience
Your situation is stressful enough: Let us take on the deadlines, paperwork, investigation, and litigation. We'll handle every detail so you don't have to worry.
Respected by Our Peers
Judges, insurance adjusters, and fellow attorneys all speak highly of our skills, and we've earned numerous accolades, including a flawless rating from AVVO.
We Have Many Locations To Serve You
We have the experience and the skilled litigators to win your case. Contact us and speak with a real attorney who can help you.
Long Island – Nassau
Parker Waichman LLP
6 Harbor Park Drive
Port Washington, NY 11050
Long Island – Suffolk
Parker Waichman LLP
201 Old Country Road – Suite 145
Melville, NY 11747
New York
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038
Queens
Parker Waichman LLP
118-35 Queens Boulevard, Suite 400
Forest Hills, NY 11375
Brooklyn
Parker Waichman LLP
300 Cadman Plaza West
One Pierrepont Plaza, 12th Floor
Brooklyn, NY 11201
New Jersey
Parker Waichman LLP
80 Main Street, Suite 265
West Orange, NJ 07052
Florida
Parker Waichman LLP
27299 Riverview Center Boulevard
Suite 108
Bonita Springs, FL 34134
Nationwide Service
Parker Waichman LLP
59 Maiden Lane, 6th Floor
New York, NY 10038