Judge Denies Motion to Dismiss Silica Case Filed Previously in 2 States

CHARLOTTE, N.C. - A federal judge has denied defense efforts to dismiss a North Carolina silica case that had previously been filed and dismissed in two other state courts. Simpson v. Air Liquide America LP, et al., No. 09-172 (W.D. N.C.).

In a July 20 opinion, Judge Frank D. Whitney said that because the claims of John Parks Simpson would have been adjudicated under North Carolina law - had they not been dismissed from courts in Texas and South Carolina - the statute of limitations does not bar Simpson from bringing his case in the U.S. District Court for the …