C. DAVID DURKEE APPOINTED AS MEMBER OF DADE COUNTY’S PLAINTIFF’S STEERING COMMITTEE FOR CHINESE DRYWALL

On Friday, September 4, 2009, C. David Durkee, a partner with Roberts & Durkee was appointed by Chief Judge Farina as a member of the Plaintiff’s Steering Committee for Chinese-Manufactured Drywall Products Liability Litigation for the Dade County Circuit Court.

Chief Judge Farina and the majority of the attorneys working on toxic drywall cases realized that the volume of these claims and the need for the speedy resolution of these cases made this litigation extremely unique. As a result, the Chief Judge is attempting to craft a very standardized process that will apply to all cases filed in Miami-Dade County involving this defective product. This standardized process will allow easy and efficient coordination between the Federal Court in New Orleans that is addressing the Federal defective drywall cases and the Dade County Circuit Court. It will also allow for parties to adopt standard pleadings. Standard Pleadings will allow the plaintiff to adopt a standard complaint, the defendant to adopt a standard Motion to Dismiss, the Court to adopt a standard ruling and then the Defendant can adopt a standard answer. This standardized system will allow the Court to efficiently address the early pleading stage of the case. This standardized system will also help parties to efficiently address discovery (the process where parties collect evidence). If a deposition (sworn testimony of a witness) is taken in the Federal Court case and the same issues need to be addressed in a state Court case, then, through this standardized process, the deposition can be adopted and utilized in the state action. This standardized process will increase the efficiency in dealing with these cases while at the same time reducing these costs associated with the litigation.

This appointment will allow C. David Durkee to continue to be a leader in helping victims of this defective product. Since C. David Durkee will be a member of the steering committee he will be able to have a direct impact on the rules, regulations, pleadings, and discovery that will be utilized for this type of case. The crafting of these items will basically frame how the litigation and the discovery will be conducted.