Media Contact

Katie Nussle

Related Attorneys
  • * Board Certified. Please see attorney biography for more information.
Related Practice
Related Industry
Houston Attorneys Secure Unanimous Verdict

Brian Martin, Kevin Risley, Diego Garcia and Suzanne Patrick of the Houston Office obtained a significant trial victory in the Chinese-manufactured drywall MDL. A unanimous jury in federal court in New Orleans found that a distributor of several hundred thousand sheets of Chinese-manufactured drywall did not know and should not have known that the drywall contained a sulfur defect which causes the drywall to emit sulfur gases that can corrode appliances, jewelry, and other metal items in a home. This bellwether trial has been the only trial in the MDL to address the liability of a distributor of Chinese-manufactured drywall.

Thompson Coe represented the distributor’s excess carrier, who was named as a defendant in the lawsuit under the Louisiana Direct Action Statute. The distributor’s primary carriers had previously tendered their limits in settlement. The jury verdict means that the distributor is a good faith seller under Louisiana law and is only liable for the replacement cost of the product, which is below the distributor’s primary limits of coverage. Under a pending class action settlement, an adverse judgment in the case would have resulted in a judgment against the insured of either $36 or $72 million.