Defendant Insurance Company Dismissed from Multi-District Litigation Involving Chinese Drywall Cases

Representing an insurance company in a declaratory judgment component of a Multi-District Litigation action stemming from the alleged sale and installation of Chinese Drywall, Attorneys David Hassett and Sarah Christie prevailed on a Motion to Dismiss for Lack Of Personal Jurisdiction following oral argument before the U.S. District Court – Eastern District of Louisiana. The plaintiff, The Trustee of the Chinese Drywall Trust, asserted claims for breach of contract and sought a declaration that numerous insurers were obligated to indemnify the Trust for claims that might be brought against it related to the development and sale of homes in Florida by a large property development company and its subsidiaries. The plaintiff alleged that the development company was named as an additional insured under the insurance policies of certain subcontractors that allegedly supplied and/or installed Chinese Drywall in the claimants’ homes. Attorneys Hassett and Christie successfully argued that the pending action should be dismissed against the insurer as there were insufficient minimum contacts in Louisiana to maintain personal jurisdiction. Following a lengthy hearing in the U.S. District Court – Eastern District of Louisiana, Judge Eldon Fallon ruled in favor of our client and granted the Defendant’s Motion to Dismiss. Thereafter, Attorneys Hassett and Christie again prevailed on a Motion to Dismiss for Lack of Personal Jurisdiction filed in another case pending in the Chinese Drywall Multi-District Litigation in Louisiana.

 

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