Plaintiffs Fight Motion to Disqualify, Say $230 Million Available for Claims

NORFOLK, Va. - Calling it an effort to "kill the messenger," counsel facing a defense motion to disqualify them from representing Chinese Drywall claimants in Virginia and North Carolina have opposed the effort, saying there exist no ethical or practical grounds for their disqualification. Germano v. Taishan Gypsum Co., Ltd., et al., No. 09-202 (E.D. Va.).

In a brief filed Sept. 21 in U.S. District Court for the Eastern District of Virginia, the plaintiffs maintain that the motion to disqualify them under state professional conduct rules is based on "factual infirmities," most notably a claim by defendants that a limited …