UPDATE April 10, 2020
Despite the ongoing challenges presented by our national health crisis, we remain on track to distribute settlement funds by early May 2020.
As we previously updated you, Taishan has fully funded this class settlement. Judge Fallon entered an Order transferring the settlement funds to the account at Huntington Bank from which the settlement funds will be distributed.
BrownGreer is finalizing its preparations to print and mail checks once the settlement funds are received by the bank.
Once again, if you are represented by an attorney, your attorney will send you your check. Please make sure your attorney has your current address.
Prior Update from March 24, 2020:
- The Claims Administrator filed an Updated Revised Master Spreadsheet yesterday, which includes all accepted claims from absent Class Members (see attached).
- Allocation Amount Determinations were issued by the Claims Administrator on March 6th to all Eligible Class Members.
- Class Counsel is waiting for the Court to enter the Order to transfer the settlement funds to Huntington Bank so checks can go out to Eligible Class Members.
- If you are represented by an attorney, your attorney will send you your check. Please make sure your attorney has your current address.
- If you are pro se, BrownGreer will mail your check to you directly. Please make sure BrownGreer has your current address.
The Settlement Received Final Approval from the District Court on January 10, 2020 and Judgment Was Entered on January 13, 2020.
Since that time:
- The Settlement Received Final Approval from the District Court on January 10, 2020 and Judgment was Entered on January 13, 2020.
- There were no appeals from the Court’s final approval order, therefore, the Settlement became “final” on February 13, 2020.
- The period for Class Members who were not on the Revised Master Spreadsheet to submit a Claim Form ended on February 12, 2020.
- The Claims Administrator reviewed all Claim Forms.
- The Claims Administrator issued letters to Class Members who submitted Claim Forms informing them of whether their claims were accepted or denied. The accepted claims were added to the Revised Master Spreadsheet.
- Beginning March 6, 2020, the Claims Administrator is mailing out “Allocation Amount Notices” which will provide class members on the Revised Master Spreadsheet with their final settlement amount, after deducting attorneys’ fees and costs. This notice includes a brief summary or explanation of how the Class Member’s objective facts and circumstances were applied under the Allocation Model to arrive at the Allocation Amount.
- Pursuant to paragraph 12.2.2 of the Settlement Agreement, Class Members have a limited right to challenge their Allocation Amount contained in the Allocation Amount Notice to the District Court within thirty days of the issuance of that notice if he or she believes that the Allocation Model has been misapplied to their objective facts;
- Class Members who accept their Allocation Amount will be entitled to payment as soon as the Court authorizes distribution.
IF THESE STEPS PROCEED SMOOTHLY, IT IS ANTICIPATED THAT THE SETTLEMENT FUNDS WILL BE DISTRIBUTED IN MAY 2020.
PLEASE CHECK BACK IN EARLY MAY 2020 FOR FURTHER UPDATES.
This website provides you with information about:
- A global Settlement Agreement that will establish a Settlement Fund to pay eligible class members and resolve all Chinese Drywall claims
- The class of property owners who are in the Settlement
- Your rights and options as a potential class member
Are You in the Proposed Class?
You are in the proposed class if you are:
- A class member in the Amorin Class certified by Judge Fallon in In re Chinese-Manufactured Products Liability Litigation, MDL 2047 (E.D. La.) on September 26, 2014; or
- A plaintiff named in one or more of the Brooke Complaints; or
- Any other property owner who claims damages from Chinese Drywall alleged to be made by Taishan or BNBM. [for a detailed list of Chinese Drywall covered by the Settlement, click here]
Everyone in the first two categories is called a “Known Class Member.” If you are listed on the Master Spreadsheet, you do not need to do anything at this time.
If you are not listed on the Master Spreadsheet and you believe you are entitled to Settlement benefits, you will need to fill out a Claim Form once the Court approves the Settlement.
Are You Entitled to Compensation?
What Are My Deadlines?
- There will be a Fairness Hearing before final approval of the Settlement. The Fairness Hearing will be held on December 11, 2019 in U.S. District Court in New Orleans, Louisiana.