U.S. Silica Says Alabama Plaintiffs' 3rd Complaint Fails to Clarify Allegations

BIRMINGHAM, Ala. - U.S. Silica has moved to dismiss a suit filed recently by plaintiffs making their third attempt at pleading their case following a federal judge's decision to dismiss their complaint sua sponte for failure to allege causes of action with particularity. Chancellor, et al. v. Air Liquide America Corp., et al., No. 04-3102 (N.D. Ala.).

In a motion filed Nov. 30 in U.S. District Court for the Northern District of Alabama, the sand supplier argues that minor changes made to the complaint following its dismissal without prejudice have done little to clarify the types of defenses that might …