Judge Refuses to Stop Builder from Contacting Drywall Plaintiffs

COLUMBUS, Ohio - A federal judge has denied a class action plaintiff's initial effort to prevent a builder from contacting homeowners with an offer to replace allegedly defective Chinese drywall that was used in their homes. Minafri, et al. v. M/I Homes, et al., No. 09-167 (S.D. Ohio).

Judge Algenon L. Marbley of the U.S. District Court for the Southern District of Ohio ruled April 27 that the written communication from M/I Homes to putative class members was neither misleading nor inherently coercive as to warrant a temporary restraining order sought by the plaintiffs.

The motion was filed in a …