Is My Drywall Chinese? - HB Litigation Conferences

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IMPORTED DRYWALL RESPONSE ACTIVITIES: • Factsheet development with CDC ‐residents id t ‐medical professionals • Visual Assessment of homes for drywall presence and it’s effects ‐copper pp wire/metal / corrosion & ppitting g ‐sulfur odors (rotten egg, match strike) ‐presence of stamp on drywall CURRENT IMPORTED DRYWALL ISSUE ACTIVITIES: Provision of accurate, scientifically based iinformation f ti tto the th public bli • News media reports ‐ La. State Health Officer ‐ Director of the Office of Public Health • Factsheets ‐ Partnership with CDC 6/17/2009 10
PHONE SURVEY INFORMATION: Identified homes that met 4 of Florida Department of Health’s FDH Case Definition (only ( yrequire q 2 of the 5 if built after 2003): ) 1.There is presence of sulfur‐like or other unusual odors 2. Confirmed presence of <strong>Chinese</strong> manufactured drywall in the home 3. Observed copper corrosion (air conditioning coils or uninsulated wires) 4. Documented failure of air conditioner evaporator coil 5. Confirmation of corrosion by an outside expert or professional (air conditioning coils or uninsulated wires) DRYWALL COMPLAINT SUMMARY: • Surveys Completed ‐ 202 (2/20/09 to 4/9/09) • Top 4 Parishes Parishes – Orleans Jefferson St. Bernard St. Tammany • Over 80% of households surveyed met 1 or more of the case criteria (N=166) • Most common criterion reported was sulfur‐like odor presence (105, 52%) 6/17/2009 11
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: Glenn Cambre, Esq. Director Directo
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
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significant indemnification or cont
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The Walls Are Closing In: Chinese D
Page 108 and 109:
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
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significant indemnification or cont
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Sheila Raftery Wiggins, Partner Dua
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Real Estate Litigation • Represen
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Selected Publications • "The Wall
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TRIGGER OF COVERAGE cont. 2. “Rel
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TRIGGER OF COVERAGE cont. 6. Triple
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OTHER CONSIDERATIONS • Deductible
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*Overused and Overwrought Metaphor?
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Reduced Sulfur Compounds are Diffic
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Analysis Methods— Electrochemical
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Conc. (ppmv) 1.0 0.9 0.8 0.7 0.6 0.
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Key Reactions* • H2S + H2O + M =
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Chemistry of Emissions from Drywall
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What is Damaged? Problems we’re s
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Copper Wires Blacken Paul G. Philli
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Pitted Bath Tub Stoppers Paul G. Ph
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What MAY BE Damaged Problems we’r
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What’s Reportedly Damaged Other p
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Black Copper Sulfide TYPICAL BLACKE
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Reaction Progresses Paul G. Phillip
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COATED COIL IS ALL BLACK Open Quest
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PUSH-IN WIRING CONNECTION Open Ques
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Open Questions • How and where ar
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Outline Chinese Drywall A Practical
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Is My Drywall Chinese? b) Visual Ap
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Is My Drywall Chinese? Is My Drywal
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Is My Drywall Chinese? • To Test
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Costs Risk Management 101 • Lesso
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Can This Get Any Worse? • Emergin
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The Expected Primary Defense: “Po
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Revisions to the “APE APE” Demo
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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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Page 441 and 442:
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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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