Defendants Say Action is Time-Barred, Argue Prior Suits Didn't Toll Statute

CHARLOTTE, N.C. - Two defendants in a North Carolina silica action have filed briefs supporting their motion for dismissal, in which the parties argue that the lawsuit, at the very least, was filed more than two years late under the state's statute of limitations. Simpson v. Air Liquide America LP, et al., No. 09-172 (W.D. N.C.).

In a July 8 brief filed in the U.S. District Court for the Western District of North Carolina, Air Liquide America LP supports its motion to dismiss, claiming that John Parks Simpson's claims are time-barred by North Carolina's three-year statute of limitations.

A …