Miss. Supreme Court Affirms Award of Summary Judgment to Clark Sand in Silica Lawsuits

JACKSON, Miss. –– The Mississippi Supreme Court has upheld the award of summary judgment to Clark Sand Co. Inc. in a number of silica exposure lawsuits, agreeing with the lower court that Florida’s corporate-dissolution and survival statute bars the claims.

In the Oct. 1 opinion, the high court rejected the plaintiffs’ position that the survival statute does not apply to tort claims.

The appeal involves 17 silica plaintiffs that filed claims against Clark Sand Co. Inc., a Florida corporation that filed for dissolution on June 9, 2008. The underlying claims were filed in 2013 in Mississippi state court.

In Florida, …