Sellstrom Seeks Dismissal for Failure to Timely Serve, Says Plaintiffs Should Face New Liability Laws

CORPUS CHRISTI, Texas - Following the dismissal for untimely service of some defendants from several cases pending in the MDL, defendant Sellstrom Manufacturing Co. has moved to dismiss in a silica case, arguing similarly that the plaintiffs failed to serve their complaints on the defendant in a timely fashion. Armstead v. American Optical Corp., et al., No. 03-258 (S.D. Texas).

In a rebuttal motion to dismiss filed March 5, Sellstrom asserts that, if dismissals are granted, the plaintiffs would be free to re-file their complaint and serve it properly on the defendant. However, the defendant alleges, the plaintiffs are reluctant …