W.Va. Plaintiffs Add to Chemical Exposure Claims Against Momentive Performance Materials

CHARLESTON, W.Va. — A federal judge has allowed a West Virginia couple to amend a chemical exposure suit against Momentive Performance USA Inc., rejecting the defendant’s contention that new deliberate intent claims are time-barred because they do not relate back to the original complaint.

U.S. District Judge Thomas E. Johnston addressed those issues in a Nov. 18 order granting plaintiffs’ motion to amend, while denying as moot Momentive’s motion to dismiss on statute of limitations grounds.

Plaintiffs Brian and Sherri Tucker filed this action on Feb. 5 in West Virginia state court, alleging that Brian was injured from exposure to …