Moldex Moves to Dismiss Tennessee Bagger's Silica Claims

KNOXVILLE, Tenn. - A respirator manufacturer has filed a motion to have a silica case thrown out for the plaintiff's failure to submit requisite medical information showing he can establish a prima facie case for the claims. Walker v. Moldex-Metric Inc., No. 08-210 (E.D. Tenn.).

Moldex-Metric filed the motion to dismiss Feb. 23 in U.S. District Court for the Eastern District of Tennessee, citing a recent state law requiring silica plaintiffs to submit a medical compliance report within 120 days of filing a complaint.

Julius Walker, a former bagging operator, sued Moldex in July, alleging that the company's respirators failed …