Plaintiffs Say Florida Defects Statute Doesn't Apply to Products Claims

NEW ORLEANS - Counsel for Florida plaintiffs in the Chinese drywall MDL have filed a brief arguing that notice requirements in the state's construction defect statute don't apply to their claims because they are product liability cases and include causes of action for personal injury and medical monitoring. In Re: Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 2047 (E.D. La.).

In the Sept. 22 brief filed in the U.S. District Court for the Eastern District of Louisiana, the Plaintiffs' Steering Committee contends that Chapter 558 of the Florida Statutes provides a mechanism to remedy "run-of-the-mill" construction defects claims. Chapter 558 …