Miss. Court Finds Claims Against New Silica Defendants Untimely

JACKSON, Miss. — The Mississippi Court of Appeals has affirmed summary judgment awarded to three silica defendants named for the first time in an amended wrongful death action, concluding that the new claims do not relate back to the original 2002 complaint and are, therefore, untimely. Miller v. Engelhard Corp., et al., No. 2011-CA-00986-COA (Miss. Ct. App.).

The court’s Aug. 7 opinion affirmed the June 2011 decision of the Copiah County (Miss.) Circuit Court, which ruled that Engelhard Corp., Mearl Corp. and Continental Mineral Processing were named outside the three-year limitations period.

Geraldstine Miller filed her original complaint on Dec. …