Manufacturers Want 5th Circuit to Review Economic Loss Decision

NEW ORLEANS - Chinese drywall manufacturers have filed a request for certification of a recent MDL court order so that the 5th Circuit U.S. Court of Appeals can determine whether four states' Economic Loss Rules apply to bar certain drywall-related property damage claims. In Re: Chinese-Manufactured Drywall Products Liability Litigation, MDL No. 2047 (E.D. La.).

The move, led by manufacturer defendant Knauf Plasterboard (Tianjin) Co. Ltd., comes weeks after MDL Judge Eldon E. Fallon rejected the defendants' argument that the ELR precludes plaintiffs from bringing tort claims for damage to a product that was caused by the product itself.

Judge …