Fla. Plaintiffs Ask Judge to Rule on Applicability of Banner Settlement Stay to Opt-Outs

FORT LAUDERDALE, Fla. - Plaintiffs with state court drywall claims against Banner Supply Co. have asked a Florida judge to rule that a stay imposed as a result of a global settlement the supplier reached in the federal MDL is unenforceable and should not apply to their cases. In Re: Chinese Drywall Litigation, No. 11-90000 (Fla. Cir. Ct., Broward Cty.).

The plaintiffs filed an opposition brief in Broward County Circuit Court, arguing they are not bound by the stay order entered by MDL Judge Eldon E. Fallon prior to, and in conjunction with, the Banner deal because the federal court …