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Lawyers: Chinese Drywall Makers Likely To Ignore Suits
By Cain Burdeau, Associated Press Writer
Manufacturing.Net - September 28, 2009

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NEW ORLEANS (AP) -- Lawyers representing homeowners and homebuilders who used drywall suspected of causing corrosion and possible health risks say they expect Chinese companies that made the wallboard to ignore hundreds of lawsuits filed against them in U.S. courts.

So, who's going to be on the hook for any damages courts might award?

That's the pivotal question for lawyers as they pursue about 300 lawsuits in U.S. District Court in New Orleans that allege a flood of defective Chinese drywall was sent into the United States after a string of hurricanes in 2004 and 2005. The material is known to decay, creating corrosive chemicals and fumes.

Among tactics lawyers are considering are suits against U.S. investment bankers who financed the Chinese companies, and seizing ships that brought the drywall to the United States.

This would not be the first time Chinese companies have ignored U.S. liability suits, said Russ Herman, a lead plaintiffs lawyer in the drywall litigation.

"They've done that with toxic edibles, with toys, with (blood thinner) heparin, milk, you name it," Herman said.

Kerry Miller, lead lawyer for the defendants, agreed. He represents U.S. homebuilders, drywall installers, distributors and Knauf Plasterboard Tianjin Co., the only Chinese company that's recognized the lawsuits so far. The defendants want Chinese manufacturers to respond in court because they, too, are seeking damages from the drywall makers.

Miller said Chinese companies are able to dodge service in U.S. courts.

Last week, U.S. District Judge Eldon Fallon found one Chinese company, Taishan Gypsum Co., in contempt of court for ignoring the suits.

The lawyers said Chinese companies are virtually insulated against liability in U.S. suits because suing them through international court is costly and time-consuming and civil judgments in U.S. courts are not enforced in China.

Jonathan C. Drimmer, a partner with Steptoe & Johnson LLP, a Washington, D.C., law firm that specializes in international litigation, said that historically plaintiffs lawyers have avoided suing foreign manufacturers. Lawyers "won't pursue an action if they don't see a pot of gold at the end of the rainbow," Drimmer said.

"This is not a typical U.S. drug problem case, a U.S. environmental case, this is different. We're all being forced to think outside the box," Miller said. "It's very difficult to resolve this complex situation when you only have a fraction of the parties in the court."

Herman said plaintiffs' lawyers were up to the challenge. "I think we can bust the dam in this case," he said.

He said making that happen could involve attempts to obtain damage payments by seizing vessels that brought the drywall to the United States if they return to U.S. ports and even going after Wall Street investment banks with a share of ownership in the Chinese companies.

"We've got financial institutions in the United States that have substantial investments in these companies that caused these problems," Herman said. He couldn't say which U.S. financial institutions could be sued for damages.

Miller said lawyers are considering asking courts to seize vessels that delivered the drywall.

"It's an interesting concept and if it can work to get the attention of these other Chinese companies, that's what needs to be done," he said. "Getting the missing parties to the table" was paramount, he said.

But seizing vessels -- known as an "in rem" action, which often involves filing a lien against a vessel -- and going after shareholders would hardly be easy, said Mark Ross, a Lafayette, La., lawyer who specializes in maritime law and civil litigation.

"My gut reaction is that that could be a bit of a stretch. In rem could be seen as a severe action, seizing a vessel, tying it up for a day," Ross said.

"How do you go about identifying what vessels to seize?" Ross said. "How do you seize a vessel for merely transporting cargo, which they might have been required to take by law."

A ship owner could sue if the seizure were deemed too aggressive, Ross said.

As for going after investors, Ross said that too was far-fetched. "Smart money says that's not going to work. A shareholder? Probably not. I don't know if that exposes them to liability."

Still, Herman remains sanguine.

"You're talking about billions of dollars" at stake, Herman said. "We're going to find some ways to make them responsive."


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US Lawyers vs. Lax Chinese Regulations  9/28/2009 4:15:00 PM
US Lawyers vs. Lax Chinese Regulations
This is not good  9/28/2009 4:27:00 PM
In other words, we have absolutely no recourse with the chinese if we are injured by their no-quality products. If that is not enough reason to stop buying chinese crap, then I don't know what is. Give me US goods any day. I'd rather pay the price than risk the lives of my family.
Chinese Drywall Suppliers  9/28/2009 4:31:00 PM
Why doesn't the US just ban all Chinese imports like this? If they no longer have a market, they might be willing to make restitution to gain access to the US market again. If we quit buying their defective product - they will either fix the problem or not do business in the US anymore!
The moral of the story  9/28/2009 4:34:00 PM
Is to avoid Chinese products as much as is humanly possible.
Chinese in common with our government leaders  9/28/2009 4:44:00 PM
Why should the Chinese bother with us, when all they have to do is see how our elected official ignore common laws. Look at Timoty Geithner, ignoring his tax evasion, Barney Frank, ignoring his fraud, Harry Reid, ignores A.C.O.R.N. fraud, Obama ignors showing real birth cert. he just shows the copy, on and on, I could go. What a crock.
Those Lawyers are silly  9/28/2009 4:46:00 PM
They know they can't win the battle against the Chinese manufactuers. They are just making noise in the media to gain public support so when they do fail, they can always blame it on politics. This case is simple, as everyone knows that U.S. court has NO legal jurisdication over other country. They are better off at suing the IMPORTER who imported the low quality products. So, in the future, all importers will have to account for the products that they sell and import.
in the words of Ron White you can't fix stupid  9/28/2009 4:52:00 PM
When are the people of the U.S.A. going to get there act together and quit buying all this crap from China
There is a way . . . .  9/28/2009 4:54:00 PM
(dreaming) if the consumer simply stopped buying Chinese made products, I believe the Chinese government would help enforce legal action against these rogue companies. When you slit the throat of the dragon, it will bleed U.S. dollars. Cut off its supply of blood, you will get change. Do I ever think it will happen? Not very likely. The average U.S. consumer has the attention span of a flea. They will forget yesterday before we get to tomorrow, especially in the face of low prices. Caveat emptor when it comes to country of origin.
The solution is simple  9/28/2009 4:54:00 PM
This is NOT limited just to Chinese imports. This is typically of all the cases of international trade. However, this CAN BE fixed. If we make laws to punish ANY importers who imports products that do NOT meet U.S. Standards, then they would be liable for the lawsuits. That would put a stop to sub-standard imports whether it is from China or other third world country. In that case, importers would have to increase quality testing and sampling of the products that they import. It will increase the importing cost and gives the domestic products a fair chance to compete.
Can't sue them? We can sink them.  9/28/2009 4:55:00 PM
How many ships full of drywall on the bottom of the ocean will it take before they pay up?
And They Cry About Unfair Trade  9/28/2009 5:07:00 PM
The Chinese of recent have made multiple protests with the WTO about trade barriers the U.S. uses. They whine because we put on restrictions. Yet, the U.S. companies that must compete with the Chinese could not run away from this obligation, thus just one example of how the Chinese can unfairly kepp their pricing down. If the Chinese want to cherry-pick how they play the game, then just ban them from the competition.
Re: Can't sue them? We can sink them.   9/28/2009 5:09:00 PM
People, you need to think with a brain. Emotions will NOT solve international commerce conflicts. How many of those ships are actually owned by China or Chinese companies? If I have to bet, most of them are NOT Chinese owned ships. So, how will holding the ships solve the problem?
Stop Whining  9/28/2009 5:15:00 PM
Change the law such that once a product class from a country has demonstrated a lack of accountability from the manufacturers, subsequently that product class'es manufacturers must post a bond against future liabilities (covering the statute of limitation number of years from sale date). This won't fix the first miscreant, but will penalize poor political behaviour and will eventually coerce the failing country into cleaning up their act-- or lose an export market (and clearly they want the market, or they would not have sold products in the market to start with).
BUY AMERICAN  9/28/2009 5:33:00 PM
This is yet another reason why I would never buy a car from China. How safe do you really think it would be? Oh sure the price looks good but just wait for the fallout. I even heard on the news today that Walmart was the All American Company. How can that be when almost everything the sell comes from China? Cheaper is not always better! There is usually a reason why!!! And just like the drywall it does not show right away.
It never ends...  9/28/2009 6:06:00 PM
Why is this garbage allowed in? In Europe they recognize that like 80% or some large number of defective toxic junk is from China. If Europe and teh North American legit countires got together and banned Chinese stuff , watch how fast those slugs get stuff right. and the skunks importers that bring this junk in should be made to live in that hell hole. 21st Century, and rules only apply to those that are here called U.S. citizens, politicans are exempt of course, cus they are special, the U.S. consumer gets hosed again. Maybe banning all Chinese stuff, gets their attention, why do legit European and U.S companies have to abide by standrds and codes, but China is able to send junk, toxic, defects all over teh world, let them use it themselves. We are teh dumb ones, they are just con merchants.
Perhaps we could do this...  9/28/2009 9:47:00 PM
I don't know if this would work or not, because I don't know much more about trade than our current (and several past)elected officials. But, how about an old fashioned trade EMBARGO on goods from China that have proven to be the most damaging? This will probably get their attention, but it will cost WalMart and Home Depot a ton of money. Wal Mart at least can afford it, and I really think Home Depot management is more than smart enough to have more limited exposure. This may not get the injured parties paid by China, but it WILL focus a very bright light on what Chinese companies think about product liability.
Importers  9/28/2009 10:25:00 PM
If the Chinese manufacturers can not be held liable, maybe it is time to start going after the import companies and holding them responsible for the product they bring in to the U.S.. After one or two of these companies is bankrupted, maybe the rest will make sure what they are importing will be safe for the masses.
Why we can't be too aggressive  9/29/2009 3:43:00 AM
It is one thing to spout off about all the things we could do to punish the Chinese for poor quality/dangerous goods. The truth is, we can't do TOO much, because they practically OWN the U.S., with all the debt we owe them. They are the ones who are buying up U.S. bills and bonds and other money vehicles, so our wonderful Mr. Prezeedent can spend it even before the Chinese give it to us! He isn't going to support anything strong against China for fear they will stop giving us money and cause the economy to REALLY fail, because there isn't enough behind the currency and debt to support it. Is this a surprise? It is is what happens when you do things in government which you couldn't get away with in private life, such as spending money you don't have, and won't have for generations, to support pet projects, pork, socialization, corruption, cronies, pals, and relatives. It takes guts to do the right things in government, and of course, it has been so long since we had anyone in charge who had "guts", I don't even remember what it is any more.
You guys are all living in a fantasy world  9/29/2009 8:08:00 AM
Try NOT buying anything Chinese. It's everywhere and our precious government will never do anything about them because they are the only ones that will buy up our bad debt. Obama needs their money and I very much doubt he'd burn that bridge.
Who Sold It?  9/29/2009 8:41:00 AM
I say that whoever decided that it was fit for the U.S. market should be liable as if they manufactured it. This will stop companies from thinking they can absolve themselves from responsibility by destroying U.S. jobs.
I agree - go after the companies that used the junk  9/29/2009 9:19:00 AM
I have worked in industry for over 35 years - no one buys goods without know whether or not they are safe to use and still stay in business. This should be no different. Let legitimate lawsuits against the contractors/developers who made a profit from the cheap junk.
China v US: Trade War = Financial Nuclear Devastation  9/29/2009 10:12:00 AM
I genuinely feel sorry for the victims of the toxic drywall for these people were victimized first by flooding and then by the people they trusted to repair the damage. It's easy to see why emotions can run high. However, the fact that China owns so much of the US's debt serves as a unique opportunity to resolve disputes rather than drive us further apart. Face it, they need the US consumer and we need their investment in US debt. As long as we need each other in this co-dependent way, we would avoid an all-out trade war that would cause a melt-down in the US economy and send blast waves throughout the globe. It's a shame that any foreign company may be able to dump inferior products on another country. It's not responsible behavior! But right now there appears to be little action the US can take. However, if anyone has been following events in China, the Chinese government is very harsh on companies who cause harm on the Chinese people. I can't believe that these drywall companies only shipped toxic drywall to the US. If they sold this stuff within China, I'm confident the Chinese government would dole out much more severe penalties on these companies then the US courts could ever order. Hence the backroom channels of diplomacy ought to be churning to initiate an investigation by the Chinese government. Then we can sit back and watch the scenario unfold.
Simple regulation could help  9/29/2009 10:50:00 AM
It should be the responsibility of any company, foreign or domestic, that imports goods into our country to make sure the goods meet material and safety standards. Whoever it is that operates here in the US and imports should be held accountable. The cost of such verification should be added to the cost of the imported goods. Also the government should audit the importers to keep them honest (trust but verify). The cost of that should also be added to the cost of the imported goods. Most Chinese made goods are imported by domestic companies. Consumers would see little change in the cost of what they buy from Chinese sources, because the Chinese sources are usually very cheap. Obviously the importers would vigorously fight such a proposal by inflating the added cost and calling it "more government control" (which it would be, but in a good way) or "Socialism." They would add a lot more money to campaign funds to keep the status quo. Write your congress member. This needs to be a general policy, because China is not the only low cost country from which we buy a lot. They will not be the only country that ships some bad goods.
Gotta love em or hate em  9/29/2009 10:52:00 AM
Funny how the same people that complain that U.S. business are regulated way too much and litigation is way too easy and so on and so on are in this thread now complaining because the Chinese are doing what they want to do. You are the folks who advocate killing the American workers in the name of “let the market decide”. You are the folks who say the blue collar workers need to make sacrifices or learn to be “you” because market is down. Talk about your double standard!
Re: Re: Can't sue them?  9/29/2009 12:51:00 PM
I didn't say anything about HOLD them. Never mind who owns the ships, nobody will transport Chinese drywall if they think their ship will be sunk. As in get the crew off and blow holes in it.
Ban these companies  9/29/2009 2:35:00 PM
If they fail to show up in court, ban their products.
Who actually sold the drywall to the end user?  9/29/2009 6:17:00 PM
The homeowners usually don't have a choice where their builder gets their materials, they are just sold an end product. Different story if they bought the materials and contracted for the installation. The contractor is responsible for the safety of the finished product, sue them. In turn, the contractors will choose their products from more reliable sources. Then the wholesalers will be under the gun to provide safe materials and will figure out the high profit margin (very much higher than the discount the end user would get) isn't worth the big business loss of contractors walking away from them. The Chinese then have to explain themselves to a few very big customers, not just a lot of little guys.
There is a solution  9/30/2009 12:19:00 PM
Chinese products don't just fly here on their own, some has to import them. Our courts need to hold those who bring those goods here responsible for the damage those products do in this country. He who profits from these goods, must bear the liability of loss. If the cost or risk is too high for low-quality chinese goods, then perhaps firms will quit bringing them here. If Lowes imports bad drywall, hold Lowes responsible. If Walmart imports sub standard appliance products, hold Walmart responsible. Eventually no one will want to take the risk on these potentially damgerous products. And there low lost luster will dim behind the cloud of potential loss and liability.
Chinese drywall  10/5/2009 1:59:00 PM
That is the Chinese culture! They cannot change it. The only thing we can do is not trading any more. Congress might not implement trade barriers and/or demand compensation, but the consumers can stop buying them. Whether it is now or 100 years from now, the fact stays the same. They intentionally make defective products. All the electronics in my house here are no longer usable. And what about poisoned dumplings? No, we won't buy anything from them.
Re: Chinese Drywall  10/5/2009 5:50:00 PM
Oh yeah? If it wasn't made in China, you wouldn't be able to afford half of that electronics that you own. Do you own an IPOD or HP Computer? Did they fail too? You want to know why? BECAUSE GREEDY CORPORATIONS do NOT Pay enough for them. If you want a $100 product for $50, guess what? You get half of the quality. That is what happens when the Chinese IPhone maker only makes $4 per phone. Get real...
chinese drywall   10/15/2009 6:22:00 PM
you can thank wal mart for all the chinese garbage sold in this country and anybody that shops there


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