Miami Judge Allows Opt-Outs to Pursue Banner Case, Clarifies Mediation Provision

MIAMI - A third state court judge in Florida has issued an order allowing Chinese drywall plaintiffs to proceed with claims against Banner Supply Co. if they choose to opt out of the defendants' $53 million settlement. In Re: Chinese Drywall Litigation, No. 09-200000 CA 42 (Fla. Cir. Ct., Miami-Dade Cty.).

Miami-Dade Circuit Court Judge Joseph P. Farina ruled Oct. 17 that a stay imposed by the federal Chinese Drywall MDL court following the settlement announcement in June should not prohibit plaintiffs from pursuing limited discovery into Banner's financial and insurance records. The discovery is intended to allow the state …