Federal Judge: No Punitive Damages Under Texas Law For Chinese Drywall Claims

Mealey's (November 22, 2022, 3:15 PM EST) -- HOUSTON — In two nearly identical orders in separate cases severed from the same multidistrict litigation regarding allegedly defective Chinese-manufactured drywall, a Texas federal judge granted the drywall manufacturers’ motions for summary judgment on two sets of property owners’ punitive damages and unfair trade practices claims because the property owners failed to allege fraud, malice or gross negligence, as required for punitive damages under Texas law, and failed to identify a deceptive trade practice or act that occurred during their purchase of the properties....