Supplier Defendants Move to Dismiss Miami Drywall Negligence, Nuisance Claims

MIAMI - Plaintiffs in the Miami state court Chinese drywall cases are urging the court to keep intact their negligence and private nuisance claims after supplier defendants moved to have them dismissed in accordance with rulings earlier this year in Palm Beach County. In re: Chinese Manufactured Drywall Products Liability Litigation, No. 09-20000-CA-42 (Fla. Dist. Ct., Miami-Dade Cty.).

In a June 8 response to defense motions to dismiss in Miami-Dade County Circuit Court, the plaintiffs argue that deposition testimony and other evidence from a Chinese drywall trial last year support allegations that non-manufacturing defendants had a duty to test or …