Ohio Appellate Court Questions Dryvit Class Settlement

CINCINNATI - An Ohio appellate court has reversed summary judgment granted Dryvit Systems Inc. in a loss-of-value case, saying it had questions about the enforceability of a nationwide class settlement approved in 2003 by a Tennessee trial court. Bishopp v. Dryvit Systems Inc., No. CA2006-05-063 (Ohio Ct. App., 12th Dist.).

Ohio's 12th Appellate District said in determining whether Ohio courts should give full faith and credit to a settlement reached in Posey v. Dryvit Systems, Inc. (No. 17, 715-IV, Tenn. Cir. Ct., Jefferson Cty; See HarrisMartin's Columns: Mold, April 2004), Dryvit produced no evidence that the Tennessee court ever issued …