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U.S. Senators Urge Gypsum to Replace Toxic Dryall; U.S. Judge Makes Unprecedented Trip to Hong Kong (09-05-12)


January 23rd, 2012

Continuing to fight on behalf of Chinese drywall victims, U.S. senators Bill Nelson, Marco Rubio, David Vitter, Mary Landrieu, Mark Warner and Jim Webb sent a letter urging Taishan Gypsum and Tai’an Taishan Plasterboard, Chinese drywall manufacturers, to follow the lead of Knauf Plasterboard Tianjin (KPT) to replace the toxic drywall that was installed in thousands [...]

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Motion to Stay Order: Judges have ruled that those who wish to opt out of the class-action settlement can proceed with their state case against Banner without delay


October 24th, 2011

In our ongoing fight for justice for victims of Chinese drywall, we have overcome the latest roadblock that the Defendants have placed in our way. As you know, during the past two and a half years, our firm made major strides and cleared numerous legal hurdles for homeowners who deserve to have their day in court.
In June, a [...]

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Letter Sent to Clint Odom of Senator Bill Nelson’s Office


October 20th, 2011

Dear Mr. Odom:
My name is C. David Durkee and I am an attorney that has been trying to help victims of Chinese drywall for over 2 and a half years.  I represent approximately 300 individual victims who live all around our great state of Florida.  The victims that I represent are the people in our [...]

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New Remediation Guidance for Victims of Chinese Drywall May Lower Home Repair Costs


September 18th, 2011

The U.S. Consumer Product Safety Commission (CPSC) and the U.S. Department of Housing and Urban Development (HUD) released updated remediation guidance for homeowners with problem drywall. The new guidelines may reduce home repair costs.
Homeowners should still plan to replace all problem drywall, smoke and carbon monoxide (CO) alarms, electrical distribution components, including receptacles, switches and [...]

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AP Legal Affairs: Hundreds in Fla. want out of Chinese drywall deal (09-7-11)


September 10th, 2011

Hundreds of Floridians potentially want to opt out of a proposed $55 million federal settlement over faulty Chinese drywall in hopes of pursuing individual lawsuits in state courts, the attorney for two families said Wednesday.

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South Florida Business Journal: Hearing to determine Chinese drywall case ‘opt-out’ (09-07-11)


September 7th, 2011

Dissatisfied victims of the Chinese drywall fiasco are asking a Broward County judge to let them continue pursuing Miami-based Banner Supply Co. in lawsuits separate from a $53 million class action settlement.

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Businessweek: Chinese drywall supplier must release more info (07-26-11)


August 1st, 2011

This article originally appeared in Businessweek. To view the original article, please click here.
A South Florida judge has ruled that a Miami-based supplier of tainted Chinese drywall must disclose more details about a proposed $55 million class-action settlement.
A Broward County judge ruled Monday that Banner Supply Co. must release more information about its insurance coverage [...]

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Forbes: Chinese drywall supplier must release more info (07-26-11)


August 1st, 2011

This article originally appeared in Forbes. To view the original article, please click here.
FORT LAUDERDALE, Fla. — A South Florida judge has ruled that a Miami-based supplier of tainted Chinese drywall must disclose more details about a proposed $55 million class-action settlement.
A Broward County judge ruled Monday that Banner Supply Co. must release more information [...]

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CNN: Plaintiffs hold off on proposed settlement in toxic drywall suit (06-28-11)


July 1st, 2011

This article originally appeared on CNN. To view the original article, please click here.
David Durkee of Roberts & Durkee P.A. was featured in a CNN article concerning the proposed $55 million Chinese drywall settlement with Banner Supply.

By Chelsea Bailey
June 28, 2011
Attorneys representing families whose homes were built with toxic drywall say they will not advise their [...]

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West Palm Beach Judge denies the Defendants’ Motion to Dismiss Chinese drywall claims and finds that builders, installers and distributors can all be held liable under theory of negligence


March 30th, 2011

We’ve seen this before.  In all of the state court Chinese drywall cases, the defendants— the builders, installers and distributors— have attempted to have the Court dismiss all counts that were plead under a negligence theory.  They all claimed that since they did not manufacture or assemble the product, they had no duty to inspect [...]

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BLOG CALL TO ACTION: URGE THE CONSUMER PRODUCT SAFETY COMMISSION TO COMPLETE FINAL REMEDIATION GUIDANCE FOR VICTIMS OF CHINESE DRYWALL


February 11th, 2011

Enough is enough! Florida families continue to suffer the ever-worsening effects of Chinese drywall, and we still don’t have final Remediation Guidance from the Consumer Product Safety Commission. Why is this important? Many families are waiting for the CPSC’s complete guidelines for proper repair of their homes rather than relying on the Interim Remediation Guidance [...]

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Citizens Rescinds Non-Renewal Notice For Florida Home With Toxic Chinese Drywall, Says It Was ‘Erroneously Generated’ By Its Computer System


January 20th, 2011

Attorney and Advocate David Durkee Vows to Continue Fight to Ensure Homeowners Insurance Coverage, Protection for all Florida Chinese Drywall Victims
Following media coverage of an apparent threat from Citizens Property Insurance Corporation to non-renew coverage for a Florida home built with toxic Chinese drywall, the state’s insurer of last resort yesterday issued a letter claiming [...]

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BLOG CALL TO ACTION:
OBAMA & NELSON LETTER


January 17th, 2011

URGENT CALL TO ACTION: TELL PRESIDENT OBAMA TO DISCUSS THE CHINESE DRYWALL CRISIS WITH CHINESE PRESIDENT HU JINTAO THIS WEDNESDAY
On January 19, we have a historic opportunity to raise our voices and demand redress for the victimization of our families by Chinese drywall, but we must act quickly. On that day, President Hu Jintao of [...]

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Law360 highlights latest developments of Chinese Drywall case (12-14-10)


December 17th, 2010

On December 14, 2010, online legal journal Law360 published an update on the recent court proceedings and motion involving the developers and contracting firms inolved in the Chinese Drywall case.  The journal interviewed David Durkee regarding his viewpoint on where this case will head next, and gave key insight on why this case is significant [...]

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Durkee applies pressure to hold firms who installed defective drywall accountable for the harm caused to victims


December 10th, 2010

On November 23, 2010, David Durkee presented arguments to Hon. Judge Glenn Kelley in the latest proceedings regarding the international sale of Chinese Drywall.  Commonly argued in a court of law as “strict liablity”, Durkee held firm in his fight to hold those companies and firms responsible which not only willingly installed the product in [...]

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Builders get a break on Chinese drywall, but may still be on the hook


November 23rd, 2010

A Palm Beach County court ruling relieves home builders of some liability in the ongoing dispute over the use of defective Chinese drywall.  In the decision, entered on Nov. 5th,  Judge Glenn Kelley of the 15th Judicial Circuit, said that because home builders did not manufacture the problematic drywall and were not within the chain [...]

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Bennett v. Centerline Transcript


November 9th, 2010

On October 29, 2010, David Durkee presented arguments to Hon. Glenn Kelley regarding a proposed dismissal of a prior hearing Durkee advocated regarding the Economic Loss Rule, and how it applied to the victims in all Chinese Drywall cases. 
To view a summary of the proceeding from the hearing on October 29th, please see the the document here.  To view the [...]

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Durkee Fights for Victims of Chinese Drywall – Challenging the Economic Loss Rule


October 18th, 2010

On September 24, 2010, in a hearing against Knauf Corporation and Centerline Homes, David Durkee presented his arguments to Hon. Judge Glenn Kelley regarding a revision to a prior court hearing, in terms of the faulty construction and installation of Chinese Drwyall in multiple plaintiffs’ homes.  Durkee challenged the court’s prior ruling regaring a petitioned economic loss rule, [...]

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Knauf’s Settlement Offer Requires Close Scrutiny


October 15th, 2010

Knauf’s newly announced “pilot program” to repair some 300 homes is a first sign that one of the world’s largest makers of contaminated Chinese drywall is beginning to accept some responsibility for the significant damages its defective product have caused. The victims have suffered tremendously – and not only in terms of property damages. They [...]

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We asked, and the IRS listened.


October 6th, 2010

Now, qualifying homeowners can get a tax deduction to help cover as much as 100 percent of the costs to repair damages caused by contaminated Chinese drywall.
As a leading advocate for Chinese drywall victims, my office had been requesting well-deserved financial relief, tax breaks and other help for homeowners and voicing concerns to U.S. Sen. [...]

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South Florida Business Journal: IRS issues Chinese drywall guidance (09-30-10)


October 4th, 2010

The Internal Revenue Service has issued guidance for homeowners who want to claim losses as a result of having defective Chinese drywall installed in their homes between 2001 and 2009.
The new procedure allows taxpayers to treat damages from corrosive drywall as a casualty loss and provides a formula for determining the amount of that loss.
Last [...]

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Task Force Revises List of Toxic Elements Related to Defective Drywall


September 7th, 2010

We are learning more every day about defective drywall and how it can best be identified in your home. The presence of several toxins, including strontium, had previously been used as indicators to determine whether a home had dangerous drywall. But, the Federal Interagency Task Force on Problem Drywall now believes it is appropriate to [...]

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Day in Court Expected for Chinese Drywall Homeowners


August 16th, 2010

Palm Beach County homeowners affected by Chinese drywall will get their day in court. For the first time making it clear that Palm Beach homeowners are entitled to trial in state court, Palm Beach County Circuit Court rules that actions filed on behalf of all victims can now proceed to trial. Click here to view [...]

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Homeowners Must Urge Banks to Ease Financial Burdens


June 28th, 2010

Chinese drywall victims struggling with foreclosure and other financial troubles should take a more forceful approach to protect their assets. Although Florida’s interim Emergency Manager is requesting some financial help, for now homeowners must fight their own battles with pen and paper in hand and a strong voice demanding action from their insurance companies and [...]

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Recent Chinese drywall legal decisions in federal and Louisiana state courts won’t provide relief for Florida’s victims


May 17th, 2010

Floridians must prepare for a long, hard fight
Many Florida homeowners are asking how the recent federal and Louisiana state legal decisions related to Chinese drywall, which have received extensive news coverage, will impact their individual state actions in Florida. The answer: While these decisions may represent baby steps toward a possible favorable outcome, they will [...]

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Judge Fallon awards families $2.6M over Chinese drywall


April 12th, 2010

In a significant step forward in the path to justice for victims of Chinese drywall, U.S. District Judge Eldon Fallon in New Orleans recently ruled that Taishan Gypsum Co., a Chinese company that made defective drywall, must pay $2.6 million to fix seven homes. Fallon has been quoted in the news media as saying the [...]

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U.S. Consumer Product Safety Commission Recommends Piecemeal Repairs of Homes with Problem Drywall, but Complete Remediation is Needed


April 2nd, 2010

The U.S. Consumer Product Safety Commission issued a new report April 2 recommending that owners of homes built with toxic Chinese drywall remove the problem drywall from their homes and replace electrical components and wiring, gas service piping, fire-suppression sprinkler systems, smoke alarms and carbon monoxide alarms. According to the report, this should help eliminate [...]

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Silent Hurricane: Letter to Florida Representative Julio Robaina


February 18th, 2010

As part of its continued advacy for victims of Chinese drywall, attorney David Durkee sent this correspondence to Florida Hosue of Represenatvies, Julio Robaina of District 117.
Dear Representative Robaina:
I wanted to take a moment and thank you for allowing me to voice my concerns concerning the issues that surround Chinese drywall.  As we have discussed, [...]

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Most Recent Hearing on Chinese Drywall in West Palm, Florida


February 15th, 2010

Please find below transcripts to the most recent hearing on Chinese Drywall in West Palm, Florida
Click here to view: Transcript #1
Click here to view: Transcript #2

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Next Call To Action For Victims Of Chinese Drywall: Credit/Mortgage Protection


December 4th, 2009

What the taxpayers giveth…the taxpayers can taketh away!
One of the main concerns that victims of Chinese drywall have is how do I survive this crisis financially.  In the short term, this concern manifests itself in the form of, “How do I pay my mortgage?”  How do I pay my mortgage and also afford to pay [...]

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Should You File a Claim with Your Insurance Company if Your Home Has Chinese Drywall?


October 31st, 2009

Citizens’ Decision To Renew And/Or Write Insurance To Victims Of Chinese Drywall Will Have Far Reaching Impact
When Citizens Insurance first told folks with Chinese drywall that they would not renew their policies and/or would not write insurance to victims of Chinese Drywall, advocates were unsure as to whether to tell their clients to file a [...]

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Grassroots Efforts Succeed: Citizens Insurance Company Reverses their Decision


October 24th, 2009

Citizens Insurance Company reverses their decision to not renew an insurance policy due to Chinese drywall
As you know, on September 28, 2009, the blog on our site, www.Chinesedrywallproblem.com first posted the story of James and Maria Ivory.  Mr. and Mrs. Ivory were the victims of Chinese drywall whose homeowners insurance was not going to be [...]

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A little bright light for victims of Chinese Drywall who own homes that were built by Tousa


October 20th, 2009

Last week, a U.S. bankruptcy judge ruled that Citigroup and other lenders made fraudulent transfers to Tousa when they gave loans to Tousa six months before the Hollywood based home-builder filed for bankruptcy.  Basically, the Judge awarded $403 million, plus interest, fees and expenses, and stripped them of a $207 million security interest in a [...]

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Help may be on the way for victims who want to repair their home while their litigation is pending


October 19th, 2009

Judge Fallon in the MDL for Chinese Drywall has entered preservation of evidence order – this can help victims who may want to repair their home while their litigation is pending.
Last week a very important order was issued by Judge Fallon in the Multi District Litigation that is pending in Federal Court in New Orleans [...]

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The Consumer Product Safety Commission has issued its October report regarding Chinese drywall: The conclusion is incomplete


October 19th, 2009

The Consumer Product Safety Commission has now issued its October report.  This report does not provide any new information about this crisis.  However, it does state that by the end of October the CPSC expects to receive the results of their initial set of tests.  Further, by early November they should have the results of [...]

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Wall Street Journal: Insurers Drop Drywall Victims (10-14-09)


October 14th, 2009

Some Homeowner Policies Canceled After Claims Involving Defective Chinese Product
By M.P. MCQUEEN. Click here to see the original article.
At least two home insurers in Florida have begun dropping policyholders who filed claims for property damage linked to drywall imported from China.
Disputes with insurance companies are increasing as a growing number of homeowners file claims for [...]

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Advocating Protection for Homeowner’s Insurance for Chinese Drywall Victims


October 13th, 2009

As you many know, our law firm has been advocating for the protection of homeowner’s insurance for Chinese drywall victims. We have written to elected officials apprising them of issues surrounding Chinese drywall and homeowner’s insurance. More importantly, we have requested that these public officials review current legislation to ensure that Chinese drywall victims are [...]

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Contact Info. to File a Complaint


October 8th, 2009

If you fear your home was built with defective drywall, these are some places to turn.

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Chinese drywall to the agenda of the 3rd Biennial United States – China Consumer Product Safety Commission Summit


October 7th, 2009

We have had some success.  Based on our efforts and the efforts of other victims of Chinese drywall, the CPSC on Sunday was quoted in the Times Picayune, a leading newspaper for the New Orleans area, stating that they have “added drywall to the agenda of the biennial safety conference with the Chinese government and [...]

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Contact Info. for State & Federal Elected Officials Legistating Chinese Drywall


October 5th, 2009

So that the victims of Chinese drywall can have their voices heard by their elected representatives – the law firm of Roberts & Durkee has listed the contact information for the various state and Federal elected officials who you may want to contact and/or write a letter to. It is important that contact is made [...]

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Where Do You Go When The Insurer Of Last Resort Will Not Insure Your Home?


September 28th, 2009

Jim Ivory, a retired maintenance technician for Anheuser Busch, is a victim of Chinese drywall.  He bought a retirement home in Punta Gorda, Florida.  Later he learned that the odor in the home, the toxic fumes that were burning his eyes and burning his throat and nose when he took a breath, the sulfur in [...]

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Chinese Drywall Victims Need Action At The 3rd Biennial United States – China Consumer Product Safety Commission Summit


September 27th, 2009

On October 21, 2009, the Consumer Product Safety Commission will be attending the 3rd Biennial United States – China Consumer Product Safety Commission Summit.  This is a summit between the United States Consumer Product Safety Commission (CPSC) and its counterpart agency, the General Administration of Quality Supervision, Inspection, Quarantine of the People’s Republic of China [...]

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


September 10th, 2009

This appointment will allow C. David Durkee to continue to be a leader in helping victims of this defective product.

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MORE FEDERAL ASSISTANCE MAY BE ON THE WAY FOR VICTIMS OF TOXIC CHINESE DRYWALL


July 29th, 2009

Today, Florida’s senior Senator, Senator Bill Nelson, along with Senator Mary L. Landrieu, Senator Jim Webb, and Senator Mark Warner, has written to President Obama, Secretary Geithner, Head of the Department of Treasury, Secretary Shaun Donovan, Head of the Department of Housing and Urban Development, and the head of the Small Business Administration asking for Federal assistance for victims of toxic Chinese drywall. These letters accurately detail the scope of the problem and the devastating effect it is having on families throughout this country.

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TOWN HALL MEETING IN PALM COAST FLORIDA THIS WEEK


July 19th, 2009

 
On Thursday, July 23, 2009, at 7 PM the Law firm of Roberts & Durkee will be hosting a town hall meeting in Palm Coast, Florida. This town hall meeting will be free to all that come. Various groups of people may want to attend the event, such as victims of this defective product, Realtors, [...]

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THE CPSC ISSUES JULY REPORT


July 17th, 2009

The Consumer Product Safety Commission has recently issued a preliminary report on toxic, Chinese drywall. Although it has some information concerning this toxic, defective product it is still vary short on conclusions. To date, the CPSC has received 608 complaints in 21 states and the District of Columbia. The CPSC has also confirmed that 5,503,694 [...]

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TAX RELIEF FOR VICTIMS OF TOXIC CHINESE DRYWALL


July 16th, 2009

Recently, Senator Bill Nelson wrote to the Department of Treasure, Internal Revenue Service and requested clarification to determine whether the tax code would allow victims of toxic Chinese drywall to receive some sort of tax deduction. In response, George J. Blaine, Associate Chief Counsel of the Department of Treasury, Internal Revenue Service has stated that [...]

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A Possible Avenue Of Relief Is On The Horizon


June 29th, 2009

Last week, Senator Bill Nelson of Florida, one of the Senators who have taken the lead on the toxic Chinese drywall issue, and a few other Senators working on the issue made public a letter that was sent to the Internal Revenue Service. This letter seeks to clarify whether a tax code section that allows tax payers to deduct property losses suffered as a result of an unexpected event, such as a fire or storm, can apply to losses suffered by homeowners who have been victims of toxic Chinese Drywall.

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Federal Class Action Consolidated in New Orleans


June 18th, 2009

A few days ago, all of the class actions that have been filed throughout the country on behalf of victims who have toxic Chinese drywall in their homes were centralized in New Orleans. Basically, this means that most, if not all, of the pre-trial proceedings for these cases will be decided by a Federal Judge in New Orleans.

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Townhall Meeting in Umatilla/Tavares – Same Stories, Different People


June 11th, 2009

Last night, June 10, 2009, the law firm of Roberts & Durkee held another town hall meeting trying to answer questions about toxic Chinese drywall. This time, the meeting was held for residents of the Umatilla / Tavares area. It was a different location but the looks on the faces of the victims were the same.

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