Defendants: Resolution of Inherent Characteristic Question Could End Miss. Silica Litigation

JACKSON, Miss. - Two silica defendants seeking to dismiss failure to warn and design defect claims on grounds that they are barred by state product liability law recently filed a petition in state Supreme Court seeking permission to appeal a trial judge's refusal to dismiss the claims. Dependable Abrasives, Inc., et al. v. Richards, et al., No. 2004-M-481 (Miss. Sup. Ct.).

According to the petition, filed March 8 in Mississippi Supreme Court, a determination that the silica claims asserted against Dependable Abrasives and Vulcan Material Co. are barred under Mississippi's Products Liability Act (MPLA) could effectively put an end to …