Fla. Judge Says Opt-Outs May Pursue State Court Claims Against Banner Supply

FORT LAUDERDALE, Fla. - A ruling by a Florida judge has paved the way for Chinese drywall plaintiffs to pursue their case against Banner Supply Co. should they decide to opt out of the $53 million global settlement that was recently given preliminary approval by the federal MDL court. In Re: Chinese Drywall Litigation, No. 11-90000 (Fla. Cir. Ct., Broward Cty.).

Judge Charles M. Greene said Sept. 9 that because a settlement class appears to have been conditionally certified by the MDL, and provisions established for those opting out, the question of whether a stay imposed by the federal court …