Is My Drywall Chinese? - HB Litigation Conferences

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Reduced Sulfur Compounds are Difficult to Sample and Analyze • Reactivity‐‐Decomposes easily…reactions with other analytes (e (e.g, g water) or with surfaces • Adsorptivity‐‐H2S binds to metal surfaces (except gold) • Diffusivity—Losses through container (e.g., Tedlar bag) • Analysis—to get high sensitivity and specificity, need dedicated and specialized equipment Air Methods—Whole Air • No ‘official’ method for low‐level ambient RSC • NIOSH/OSHA Methods—occupational, ppmv levels • Methods are adopted and/or modified—e.g., ASTM‐ 5504: Standard Test Method for Determination of Sulfur Compounds in Natural Gas and Gaseous Fuels by Gas Chromatography and Chemiluminescence • EPA Compendium Method TO‐15—for VOCs, but some labs do use it. Problems with metal surfaces • General bag methods—Tedlar, Teflon, <strong>My</strong>lar, Saran, Flexfoil, etc. All suffer rapid losses. 6/23/2009 4
Air Methods—Sorbents • No all‐around good sorbent • Some can be used with cryogenic assistance • Gold surfaces have been used • In‐site reactions—several types, but not specific enough • Sorbents rarely used, except in oceanographic and climate research • PPassive i samplers—not l t used d a lot, l t but b th have potential. t ti l Need long periods of sampling for adequate sensitivity (weeks). Currently in testing trial at several homes. Analysis Methods— Gas Chromatography • Sulfur specific detectors – Flame photometric photometric—old, old not as sensitive, sensitive non‐linear non linear response – Chemiluminescence—sensitive and specific, but difficult to operate – Pulsed Flame Photometric—new, sensitive, easy to use, non‐linear response – Atomic i emission i i ddetector—specific, ifi not widely id l used d • Mass spectrometer—only certain systems can do it well 6/23/2009 5
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HB Litigation Conferences Presents
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FACULTY Jeremy Alters is the foundi
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works include FasTrain: Florida Civ
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a Superfund case that resulted in a
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clerk in the United States District
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The “Writing On The Wall”: Impo
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STATES WHERE IMPORTED DRYWALL HAS B
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Florida Reports of Drywall “Cases
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STATE RESPOND ● Florida ● Louis
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Glenn Cambre, Esq. Director Directo
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PHONE SURVEY INFORMATION: Identifie
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LOUISIANA DRYWALL IMPACT MAPS 6/17/
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FLORIDA VS LOUISIANA DRYWALL • Fl
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Remediation Standard? ● Presently
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Chairman Pryor, Ranking Member Wick
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the German manufacturer, Knauf, onl
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companies, the homeowners, and the
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Chinese drywall spins off 'silent h
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The EPA said these results are not
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Get out of house with Chinese drywa
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The Consumer Product Safety Commiss
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“We’re trying to get the federa
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claims, but it's still a significan
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Imported Drywall and Health - A Gui
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Who is at risk? • insomnia • he
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"The Writing Is on the Wall": Defec
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significant indemnification or cont
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The Walls Are Closing In: Chinese D
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An Introduction to Our Firm Duane M
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• Utilizing the Construction Grou
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Occupational Safety and Health Act
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The Walls Are Closing In: Chinese D
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"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 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
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Other Issues Additional coverage pa
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contradicts the plain language and
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partial off-site exclusion for some
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With respect to the new, absolute p
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Even when courts find that an APE s
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Setting aside expectations of cover
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The LDI’s Advisory Letter warned
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Decisions by the High Courts in Cal
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interpretation comports with the AP
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exclusion should not reflexively be
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The court in Koloms criticized the
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ingestion of lead paint debris foun
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that reject coverage for non-enviro
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Survey of Appellate Court Decisions
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State Limiting Exclusion to “Indu
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State Limiting Exclusion to “Indu
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L:\MASTERLS\Seminar\HB Chinese Dryw
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OCCURRENCE “Property Damage”
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OCCURRENCE Majority View: Liabili
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CHOICE OF LAW Starting point for c
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CHOICE OF LAW “Significant Conta
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Which Contractors Will Be Covered b
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Which Contractors Will Be Covered b
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that has not been physically injure
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In sum, in most states the damage c
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the several Chinese drywall claims
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V. The “Absolute Pollution Exclus
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to test for, monitor, clean up, rem
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spraying of pesticide in apartment
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exclusion are not met because the
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VI. Choice of Law As discussed abov
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homes containing Chinese drywall ar
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“legally obligated to pay as dama
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By: Veronica M. Bates TRIGGER OF CO
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TRIGGER OF COVERAGE cont. 4. “Inj
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ALLOCATION 1. Pro Rata • Time on
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Chinese Drywall Litigation NELSON
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NELSON • LEVINE • de LUCA & HOR
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Additional Insured Issues • The m
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Additional Insured Issues • 2004
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Subrogation Opportunities Targets a
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Subrogation Opportunities • Contr
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Subrogation Opportunities • Hurdl
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Liability Issues Hugh J. Turner Jr.
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Manufacturers • Knauf Gips, KG (e
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Suppliers 84 Lumber Co. All Flori
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Drywall Lawsuit Models • Type 1:
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Express Warranty • Elements - Exp
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Medical Monitoring • Elements: -
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Vicarious Liability A corporation
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What Are The Defenses? Economic Lo
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DEFENSES Florida - Strict Liabilit
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DEFENSES Lack of Privity of Contra
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What Are The Current Issues In The
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Current Issues • Case Assignments
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Current Issues Insurance Coverage
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Issues In Florida • Chapter 558 R
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Chinese Drywall Conference Sander L
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Are Chinese Drywall Issues Similar
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Search for New Defendants • Contr
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How does Chinese drywall impact hom
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How does Chinese drywall impact hom
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Home H Value Over 10 Yeaars How doe
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Home H Value Over 10 Yeaars Home H
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Use of Mass Appraisal Models Event
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Use of Mass Appraisal Models Cross-
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SUITE 650, FOURTH AVENUE SEATTLE, W
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concern at the moment remain 2004
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able, in which case rather than a
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subject properties and the data use
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CHINESE DRYWALL LITIGATION UPDATE A
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5 6
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WHERE WAS THE CHINESE DRYWALL USED
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WHAT KIND OF EXPERTS YOU’LL NEED
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Hydrogen Sulfide Exposure • Belie
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BACKGROUND PROCEDURE MULTIDISTRICT
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that there is a much smaller chance
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applicable standard of liability. D
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RULES OF PROCEDURE OF THE JUDICIAL
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- 3 - transferred under Section 140
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- 5 - (c) Copies of motions for tra
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- 7 - (c) Once a corporate disclosu
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- 9 - designating such a pleading a
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RULE 7.6: TERMINATION AND REMAND In
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- 13 - (b) Each party filing a moti
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- 15 - (C) the circuit court of app
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UNITED STATES JUDICIAL PANEL ON MUL
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Drywall Common building material ty
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Chinese Drywall Analysis ( incomple
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Coal combustion residues Derived f
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Coal Mine Waste Coal may be sold a
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Coal Fly Ash Resident complaints E
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Skin Acne Skin rashes Hives Per
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Sensitive populations Infants Chi
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Carbon Disulfide Gas—evaporates
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Sulfur Dioxide Sulfur Dioxide An E
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SO 2 Symptoms of Chronic Exposure t
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Exposure to lower concentrations of
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GI Symptoms of H 2S Nausea Vomiti
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Particulate Matter Particulate Matt
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Airways of Lungs Lungs
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Clearance from the lungs is not cle
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Particles containing Heavy metals a
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Natural Decay Series: Uranium-238 U
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PAHs Benzo[a]pyrene Group 1 Human c
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Is My Drywall Chinese? - HB Litigation Conferences

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