Tenn. Case Against Moldex Dismissed in Accordance with Claims Act

KNOXVILLE, Tenn. - A federal judge has cited a recently enacted Silica Claims Priority Act in dismissing a lawsuit filed on behalf of a plaintiff who claimed that the Moldex respirators he wore while working as a bagger failed to protect him from dust exposure and ultimately caused his silicosis. Walker v. Moldex-Metric Inc., No. 08-210 (E.D. Tenn.).

Judge Leon Jordan of the U.S. District Court for the Eastern District of Tennessee granted Moldex's motion to dismiss on March 20, determining that the plaintiff failed to timely submit requisite medical information showing he can establish a prima facie case for …