In late April, Fallon found Knauf Plpskarton Tianjin Co. Ltd. liable for the costs of removing the defective drying wall, replacing appliances and furniture, and completely renovating Tatum and Charlene Hernandez`s home in Mandeville, La., and costing $164,000. In this case, a transaction was then agreed. „We are pleased to have reached an agreement with Knauf to bring some relief to those who have had to deal with this defective product for so long,“ said Ervin A. Gonzalez, partner at Colson Hicks Eidson of Coral Gables and a member of the steering committee for multi-district litigation Plaints. „But it`s far from over. This product should never have brought it to the consumer, and we are working hard to ensure total relief to all owners of other responsible parties, including Taishan Gypsum, the Chinese manufacturer. In support of this MDL`s decision and under the terms of the transaction agreements, the Court appointed Dan Balhoff as the special champion. For this application, the Special Master was instructed by the Court to determine the eligibility of transaction services for sixteen already sanitized properties. It reviewed relevant stakeholder documents and observations and published its report and recommendations, as well as its supplementary report and recommendations, on August 10, 2018 and August 22, 2018, respectively.
A. Docs. 21838, 21839. On October 1, 2018, the applicants filed an immediate motion and argued that the Special Master`s verification of these claims was beyond the scope of his powers, both in the context of the Knauf Class Comparison Contract and the New Settlement Claim Agreement. Dr. Doc. The New Class Settlement Agreement contained three applicable derogatory provisions. First, the agreement itself provided that „[t]he disputes under this agreement be referred to the MDL Court of Justice for settlement. The decision of the MDL court is final without appeal. In addition, the New Class Settlement Agreement contained the already sanitized properties protocol, which similarly describes that „[t]he Court of Justice`s decision on applications for remediation without appeal is final.“ Finally, the new class comparison contract also included the Knauf Class Comparison Agreement, which stated that „the special master`s decisions regarding the relief fund may be challenged by settlement Class Counsel by appealing to the Tribunal.