Hearing in Chinese drywall suit reset to February

Alejandro de los Rios Dec. 16, 2010, 4:30am


A hearing for defense exceptions in a Chinese drywall suit in Orleans Parish Civil District court has been continued until February.

New Orleans residents Michael McAvoy and Atara McAvoy are suing Interior/Exterior Building Supply, Knauf Insulation GmbH, Silva Construction, Protocol Construction and G&H Construction, over allegedly defective Chinese drywall installed in their home after hurricane Katrina.

Metairie attorneys Eric O'Bell and Earl Perry Jr. filed the suit for the plaintiffs in July.

The petition for damages claims that the plaintiffs relied on Protocol "for its expertise in selecting the drywall that would that would be best utilized" in the plaintiff's home.

The suit claims that Protocol is formerly known as G&H and installed the defective drywall. Protocol has filed an exception for no cause or right of action claiming that it and G&H have never been the same company.

New Orleans attorneys Loretta Mince and Benjamin Reichard are representing G&H and Protocol.

In October, Interior/Exterior filed a cross claim against Knauf. The suit claims "the entities responsible and liable for plaintiff's damages are the Knauf Companies and Knauf USA."

New Orleans attorneys Richard Duplantier Jr., Lambert Hassinger Jr., Carlina Eiselen and Jeffrey Green are representing Interior/Exterior.

The cross-claim states that Knauf's drywall contained "redhibitory defects" and the company "breached express and implie warranties, an violate the Louisiana Products Liability Act by defective design, manufacture, warranty and warnings."

No defense from Knauf has been filed.

Judge Herbert Cade is overseeing this case.

Orleans Parish Case 2010-07442

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