Is My Drywall Chinese? - HB Litigation Conferences

More documents

Recommendations

Info

An Introduction to Our Firm Duane Morris LLP, a full-service law firm with more than 700 attorneys in 24 offices in the United States and internationally, offers innovative solutions to the legal and business challenges presented by today’s evolving global markets. Throughout its more than 100year history, Duane Morris has fostered a collegial culture, where lawyers work with each other to better serve their clients. Lawyers who are leaders in a range of legal disciplines and have diverse backgrounds join Duane Morris in order to use the latest technology, professional support staff and other resources in pursuit of clients’ goals. Growth and Culture Evolving from a partnership of prominent lawyers in Philadelphia more than a century ago, Duane Morris now has offices in many major markets and continues to expand across the country and overseas. Throughout this expansion, Duane Morris remains committed to preserving the collegial culture that has attracted so many talented attorneys. The firm’s leadership believes this culture is truly unique among large law firms, and that outstanding legal work is best accomplished by skilled professionals who respect each other and work well together. Leadership and Experience Duane Morris lawyers hold leadership positions in bar associations, as well as in educational, cultural and charitable organizations and with community groups across the country. Many of the firm’s attorneys come to Duane Morris after having held senior positions in government agencies and large corporations. This range of experience is further enriched by the diverse backgrounds of the firm’s attorneys. Duane Morris has long been committed to recruiting, retaining and promoting talented female and minority lawyers, many of whom hold leadership roles at the firm. Technology and Infrastructure Trade publications have placed Duane Morris in the upper echelon of firms in terms of utilizing technology. Hundreds of lawyers working around the globe quickly communicate and collaborate using the firm’s integrated computer network, accessing sophisticated research software, information-rich databases, and other knowledge-sharing tools. Duane Morris’ clients also benefit from the contributions of professional-level support staff who maintain the firm’s technological and administrative infrastructure and enable lawyers to focus on providing valuable counsel and service to their clients. Office Locations Atlanta Atlantic Center Plaza 1180 West Peachtree Street Suite 700 Atlanta, GA 30309-3448 404.253.6900 Baltimore 111 South Calvert Street Suite 2000 Baltimore, MD 21202-6114 410.949.2900 Boca Raton 2700 North Military Trail Suite 300 Boca Raton, FL 33431-1808 561.962.2100 Boston 470 Atlantic Avenue Suite 500 Boston, MA 02210-2600 857.488.4200 Cherry Hill 1940 Route 70 East, Suite 200 Cherry Hill, NJ 08003 856.424.8200 Chicago 190 South LaSalle Street Suite 3700 Chicago, IL 60603-3433 312.499.6700 Hanoi Pacific Place Unit V1308, 13th Floor 83B Ly Thuong Kiet Street Hoan Kiem District Hanoi, Vietnam 84.4.3946.2200 Ho Chi Minh City Suite 809, Saigon Tower 29 Le Duan Street, District 1 Ho Chi Minh City, Vietnam 84.8.3827.9460 Houston 3200 Southwest Freeway Suite 3150 Houston, TX 77027-7534 713.402.3900 Lake Tahoe 11149 Brockway Road Suite 100 Truckee, CA 96161-2213 530.550.2050 Las Vegas 100 North City Parkway, Suite 1560 Las Vegas, NV 89106-4617 702.868.2600 London 10 Chiswell Street, 2nd Floor London, UK EC1Y 4UQ 011.44.20.7786.2100 Los Angeles 633 West Fifth Street, Suite 4600 Los Angeles, CA 90071-2065 213.689.7400 Miami 200 South Biscayne Boulevard Suite 3400 Miami, FL 33131-2318 305.960.2200 New York 1540 Broadway New York, NY 10036-4086 212.692.1000 Newark 744 Broad Street, Suite 1200 Newark, NJ 07102-3889 973.424.2000 Philadelphia 30 South 17th Street Philadelphia, PA 19103-4196 215.979.1000 Pittsburgh 600 Grant Street, Suite 5010 Pittsburgh, PA 15219-2811 412.497.1000 Princeton 100 American Metro Boulevard Suite 150 Hamilton, NJ 08619 609.631.2400 Mailing Address: P.O. Box 5203 Princeton, NJ 08543-5203 San Diego 101 West Broadway Suite 900 San Diego, CA 92101-8285 619.744.2200 San Francisco One Market, Spear Tower Suite 2000 San Francisco, CA 94105-1104 415.957.3000 Singapore 5 Shenton Way #10-01 UIC Building Singapore 068808 65.6592.5077 Washington, D.C. 505 9th Street, Suite 1000 Washington, D.C. 20004-2166 202.776.7800 Wilmington 1100 North Market Street Suite 1200 Wilmington, DE 19801-1246 302.657.4900 Duane Morris LLP – A Delaware limited liability partnership 04.29.09 [ www.duanemorris.com ]
Construction Group Duane Morris’ Construction Group has a strong local, national and international presence, with practice group attorneys located in many of our offices in the U.S. and around the world. The group’s lawyers provide a full range of legal services to clients engaged in all aspects of construction and government contracting, including: • Contracting with public and private entities • Bid protests and award disputes • Owner/developer project management representation • Construction administration services • Complex contract claims and surety litigation • Claims preparation and negotiation • Contract defaults and terminations • Federal procurement issues • Alternative dispute resolution • Advising regarding BIM, LEED and green building issues • Environmental risk management • Bid, Payment and Performance Surety bond and insurance issues • Risk management • Mechanic’s liens • Contractor licensing matters • Property damage claims • Labor and employment counseling • OSHA compliance and workplace safety issues Duane Morris lawyers handle the legal challenges common to entities engaged in the design, development, financing, performance and management of major construction and government procurement contracts. Our national practice includes attorneys who regularly represent prime contractors, public and private owners and developers, construction managers, subcontractors, equipment suppliers, architects/engineers and other design professionals, and sureties. This experience enables us to handle the complete spectrum of issues arising before, during and after project completion. Construction Group lawyers frequently work with lawyers from the firm’s other practice areas to address the many issues associated with any particular project, whether tax, finance, real estate, environmental, energy and, when necessary, white-collar criminal defense, corporate investigations and regulatory compliance, or any other relevant issue. In addition, the firm’s full panoply of practices enables Duane Morris to offer clients sophisticated legal services that are coordinated and streamlined from coast to coast and internationally. Range of Services Contract Formation and Performance • Developing contract documents that expressly allocate the risk, responsibility and rewards for proper performance essential to a successful project. [ www.duanemorris.com ]
Page 1 and 2:
HB Litigation Conferences Presents
Page 3 and 4:
FACULTY Jeremy Alters is the foundi
Page 5 and 6:
works include FasTrain: Florida Civ
Page 7 and 8:
a Superfund case that resulted in a
Page 9 and 10:
clerk in the United States District
Page 11 and 12:
The “Writing On The Wall”: Impo
Page 13 and 14:
STATES WHERE IMPORTED DRYWALL HAS B
Page 15 and 16:
Florida Reports of Drywall “Cases
Page 17 and 18:
STATE RESPOND ● Florida ● Louis
Page 19 and 20:
Glenn Cambre, Esq. Director Directo
Page 21 and 22:
PHONE SURVEY INFORMATION: Identifie
Page 23 and 24:
LOUISIANA DRYWALL IMPACT MAPS 6/17/
Page 25 and 26:
FLORIDA VS LOUISIANA DRYWALL • Fl
Page 27 and 28:
Remediation Standard? ● Presently
Page 29 and 30:
Chairman Pryor, Ranking Member Wick
Page 31 and 32:
the German manufacturer, Knauf, onl
Page 33 and 34:
companies, the homeowners, and the
Page 35 and 36:
Chinese drywall spins off 'silent h
Page 37 and 38:
The EPA said these results are not
Page 39 and 40:
Get out of house with Chinese drywa
Page 41 and 42:
The Consumer Product Safety Commiss
Page 43 and 44:
“We’re trying to get the federa
Page 45 and 46:
claims, but it's still a significan
Page 47 and 48:
Imported Drywall and Health - A Gui
Page 49 and 50:
Who is at risk? • insomnia • he
Page 102 and 103: "The Writing Is on the Wall": Defec
Page 104 and 105: significant indemnification or cont
Page 106 and 107: The Walls Are Closing In: Chinese D
Page 110 and 111: • Utilizing the Construction Grou
Page 112 and 113: Occupational Safety and Health Act
Page 114 and 115: The Walls Are Closing In: Chinese D
Page 116 and 117: "The Writing Is on the Wall": Defec
Page 118 and 119: significant indemnification or cont
Page 120 and 121: Sheila Raftery Wiggins, Partner Dua
Page 122 and 123: Real Estate Litigation • Represen
Page 124 and 125: Selected Publications • "The Wall
Page 126 and 127: TRIGGER OF COVERAGE cont. 2. “Rel
Page 128 and 129: TRIGGER OF COVERAGE cont. 6. Triple
Page 130: OTHER CONSIDERATIONS • Deductible
Page 166 and 167:
*Overused and Overwrought Metaphor?
Page 168 and 169:
Reduced Sulfur Compounds are Diffic
Page 170 and 171:
Analysis Methods— Electrochemical
Page 172 and 173:
Conc. (ppmv) 1.0 0.9 0.8 0.7 0.6 0.
Page 174 and 175:
Key Reactions* • H2S + H2O + M =
Page 176 and 177:
Chemistry of Emissions from Drywall
Page 178 and 179:
What is Damaged? Problems we’re s
Page 180 and 181:
Copper Wires Blacken Paul G. Philli
Page 182 and 183:
Pitted Bath Tub Stoppers Paul G. Ph
Page 184 and 185:
What MAY BE Damaged Problems we’r
Page 186 and 187:
What’s Reportedly Damaged Other p
Page 188 and 189:
Black Copper Sulfide TYPICAL BLACKE
Page 190 and 191:
Reaction Progresses Paul G. Phillip
Page 192 and 193:
COATED COIL IS ALL BLACK Open Quest
Page 194 and 195:
PUSH-IN WIRING CONNECTION Open Ques
Page 196 and 197:
Open Questions • How and where ar
Page 198 and 199:
Outline Chinese Drywall A Practical
Page 200 and 201:
Is My Drywall Chinese? b) Visual Ap
Page 202 and 203:
Is My Drywall Chinese? Is My Drywal
Page 204 and 205:
Is My Drywall Chinese? • To Test
Page 206 and 207:
Costs Risk Management 101 • Lesso
Page 208:
Can This Get Any Worse? • Emergin
Page 212 and 213:
The Expected Primary Defense: “Po
Page 214 and 215:
Revisions to the “APE APE” Demo
Page 216 and 217:
Cases Interpreting the Pollution Ex
Page 218 and 219:
Other Issues Additional coverage pa
Page 220 and 221:
contradicts the plain language and
Page 222 and 223:
partial off-site exclusion for some
Page 224 and 225:
With respect to the new, absolute p
Page 226 and 227:
Even when courts find that an APE s
Page 228 and 229:
Setting aside expectations of cover
Page 230 and 231:
The LDI’s Advisory Letter warned
Page 232 and 233:
Decisions by the High Courts in Cal
Page 234 and 235:
interpretation comports with the AP
Page 236 and 237:
exclusion should not reflexively be
Page 238 and 239:
The court in Koloms criticized the
Page 240 and 241:
ingestion of lead paint debris foun
Page 242 and 243:
that reject coverage for non-enviro
Page 244 and 245:
Survey of Appellate Court Decisions
Page 246 and 247:
State Limiting Exclusion to “Indu
Page 248 and 249:
State Limiting Exclusion to “Indu
Page 250 and 251:
L:\MASTERLS\Seminar\HB Chinese Dryw
Page 252 and 253:
OCCURRENCE “Property Damage”
Page 254 and 255:
OCCURRENCE Majority View: Liabili
Page 256 and 257:
CHOICE OF LAW Starting point for c
Page 258 and 259:
CHOICE OF LAW “Significant Conta
Page 260 and 261:
Which Contractors Will Be Covered b
Page 262 and 263:
Which Contractors Will Be Covered b
Page 264 and 265:
that has not been physically injure
Page 266 and 267:
In sum, in most states the damage c
Page 268 and 269:
the several Chinese drywall claims
Page 270 and 271:
V. The “Absolute Pollution Exclus
Page 272 and 273:
to test for, monitor, clean up, rem
Page 274 and 275:
spraying of pesticide in apartment
Page 276 and 277:
exclusion are not met because the
Page 278 and 279:
VI. Choice of Law As discussed abov
Page 280 and 281:
homes containing Chinese drywall ar
Page 282 and 283:
“legally obligated to pay as dama
Page 284 and 285:
By: Veronica M. Bates TRIGGER OF CO
Page 286 and 287:
TRIGGER OF COVERAGE cont. 4. “Inj
Page 288 and 289:
ALLOCATION 1. Pro Rata • Time on
Page 290 and 291:
Chinese Drywall Litigation NELSON
Page 292 and 293:
NELSON • LEVINE • de LUCA & HOR
Page 294 and 295:
Additional Insured Issues • The m
Page 296 and 297:
Additional Insured Issues • 2004
Page 298 and 299:
Subrogation Opportunities Targets a
Page 300 and 301:
Subrogation Opportunities • Contr
Page 302 and 303:
Subrogation Opportunities • Hurdl
Page 348 and 349:
Liability Issues Hugh J. Turner Jr.
Page 350 and 351:
Manufacturers • Knauf Gips, KG (e
Page 352 and 353:
Suppliers 84 Lumber Co. All Flori
Page 354 and 355:
Drywall Lawsuit Models • Type 1:
Page 357:
Express Warranty • Elements - Exp
Page 360 and 361:
Medical Monitoring • Elements: -
Page 362 and 363:
Vicarious Liability A corporation
Page 364 and 365:
What Are The Defenses? Economic Lo
Page 366 and 367:
DEFENSES Florida - Strict Liabilit
Page 368 and 369:
DEFENSES Lack of Privity of Contra
Page 370 and 371:
What Are The Current Issues In The
Page 372 and 373:
Current Issues • Case Assignments
Page 374 and 375:
Current Issues Insurance Coverage
Page 376 and 377:
Issues In Florida • Chapter 558 R
Page 379 and 380:
Chinese Drywall Conference Sander L
Page 381 and 382:
Are Chinese Drywall Issues Similar
Page 383 and 384:
Search for New Defendants • Contr
Page 385 and 386:
How does Chinese drywall impact hom
Page 387 and 388:
How does Chinese drywall impact hom
Page 389 and 390:
Home H Value Over 10 Yeaars How doe
Page 391 and 392:
Home H Value Over 10 Yeaars Home H
Page 393 and 394:
Use of Mass Appraisal Models Event
Page 395 and 396:
Use of Mass Appraisal Models Cross-
Page 397 and 398:
SUITE 650, FOURTH AVENUE SEATTLE, W
Page 399 and 400:
concern at the moment remain 2004
Page 401 and 402:
able, in which case rather than a
Page 403 and 404:
subject properties and the data use
Page 405 and 406:
CHINESE DRYWALL LITIGATION UPDATE A
Page 407 and 408:
5 6
Page 409 and 410:
WHERE WAS THE CHINESE DRYWALL USED
Page 411 and 412:
WHAT KIND OF EXPERTS YOU’LL NEED
Page 413 and 414:
Hydrogen Sulfide Exposure • Belie
Page 415 and 416:
BACKGROUND PROCEDURE MULTIDISTRICT
Page 417 and 418:
that there is a much smaller chance
Page 419 and 420:
applicable standard of liability. D
Page 421 and 422:
RULES OF PROCEDURE OF THE JUDICIAL
Page 423 and 424:
- 3 - transferred under Section 140
Page 425 and 426:
- 5 - (c) Copies of motions for tra
Page 427 and 428:
- 7 - (c) Once a corporate disclosu
Page 429 and 430:
- 9 - designating such a pleading a
Page 431 and 432:
RULE 7.6: TERMINATION AND REMAND In
Page 433 and 434:
- 13 - (b) Each party filing a moti
Page 435 and 436:
- 15 - (C) the circuit court of app
Page 437 and 438:
UNITED STATES JUDICIAL PANEL ON MUL
Page 439 and 440:
Page 441 and 442:
Page 443 and 444:
Page 447 and 448:
Drywall Common building material ty
Page 449 and 450:
Chinese Drywall Analysis ( incomple
Page 451 and 452:
Coal combustion residues Derived f
Page 453 and 454:
Coal Mine Waste Coal may be sold a
Page 455 and 456:
Coal Fly Ash Resident complaints E
Page 457 and 458:
Skin Acne Skin rashes Hives Per
Page 459 and 460:
Sensitive populations Infants Chi
Page 461 and 462:
Carbon Disulfide Gas—evaporates
Page 463 and 464:
Sulfur Dioxide Sulfur Dioxide An E
Page 465 and 466:
SO 2 Symptoms of Chronic Exposure t
Page 467 and 468:
Exposure to lower concentrations of
Page 469 and 470:
GI Symptoms of H 2S Nausea Vomiti
Page 471 and 472:
Particulate Matter Particulate Matt
Page 473 and 474:
Airways of Lungs Lungs
Page 475 and 476:
Clearance from the lungs is not cle
Page 477 and 478:
Particles containing Heavy metals a
Page 479 and 480:
Natural Decay Series: Uranium-238 U
Page 481:
PAHs Benzo[a]pyrene Group 1 Human c
show all

Is My Drywall Chinese? - HB Litigation Conferences

Create successful ePaper yourself

Delete template?

Save as template?