Plaintiffs Challenge Reconsideration, Claim Their Case Is Different from Gray

WABASHA, Minn. - Plaintiffs in a Minnesota silica case have responded to a motion filed by defendants who claim that, in light of a recent state appeals court decision, the court should reconsider and reverse a prior decision that prevented them from asserting the sophisticated user doctrine in defense of failure to warn claims. O'Flaherty, et al. v. Aimcor and Mallinckrodt Group, Inc., No. C9-01-117 (Minn. Dist. Ct., Wabasha Cty.).

In a response brief filed Oct. 31 in Wabasha County District Court, two former foundry workers contend that the defendants' reconsideration argument has no merit because their case is factually …