MDL Court Says Taishan Appeal Raises 'Substantial Issues,' Awaits 5th Cir. Remand

NEW ORLEANS - The Chinese drywall MDL judge has ruled that Taishan Gypsum's motion to vacate a $2.7 million default judgment entered against the company may be reconsidered before a federal appeals court determines whether it was proper. Germano, et al. v. Taishan Gypsum Co., Ltd., et al., No. 09-6687 (E.D. La.).

Judge Eldon E. Fallon issued an order Oct. 25, saying the Chinese drywall manufacturer's motion raises a "substantial issue that would benefit from additional consideration" prior to a ruling on Taishan's appeal of the default by the 5th Circuit U.S. Court of Appeals.

The 5th Circuit recently agreed …