Drywall Plaintiffs Say Defendant Ignores CAFA in Bid to Dismiss Case

MIAMI - Several Florida homeowners have responded to a motion to dismiss their Chinese drywall class action, arguing they have met the procedural requirements for bringing their case in federal court and are similarly in compliance with a venue agreement contained in their homes' purchase agreements. Vickers, et al. v. Knauf GIPS KG, et al., No. 09-20510 (S.D. Fla.).

In an April 25 opposition to defendant South Kendall Construction Corp.'s motion to dismiss for lack of subject matter jurisdiction, the putative class maintains that South Kendall's motion ignores the mandates of the Class Action Fairness Act (CAFA), which requires only …