Tenn. Court Allows Builders to Intervene in Class Action Against Dryvit

KNOXVILLE, Tenn. - A Tennessee appellate court said March 22 that contractors that installed synthetic stucco siding on class members' homes should be allowed to intervene in a class action between homeowners and the manufacturer, Dryvit Systems Inc. Posey v. Dryvit Systems Inc., No. E2003-00392-COA-R3-CV (Tenn. App. Ct., Knoxville).

The court also ruled that a nationwide settlement class as defined by the trial court is 'meaningless,' and it ordered the lower court to review the definition of settling class members.

Barton-Riley Co. and five other contractors who installed Dryvit's 'Exterior Insulation and Finish System,' or 'EIFS' siding on class members' …