5th Circ. Axes 'Fruitless' Appeal Of Chinese Drywall Settlement

Law360 (May 20, 2020, 5:42 PM EDT) -- The Fifth Circuit on Wednesday denied a homeowner's "fruitless" appeal of his $300,000 damages award from a class settlement agreement in litigation over defective Chinese-manufactured drywall, finding the settlement agreement was final and barred appeals.

In a three-page, per curiam published opinion, a three-judge panel said that homeowner Guilfort Dieuvil couldn't appeal his damages award due to express statements in the settlement agreement that bar him from doing so.

The panel said that Dieuvil's appeal — which wasn't briefed, according to court records — was similar to an appeal the appellate court had denied recently.

"In a recent unpublished opinion, this...

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