Texas Plaintiff Challenges 3M Co. Motion for Summary Judgment

BEAUMONT, Texas - A plaintiff in a Texas silica case that was removed to federal court on the eve of trial is challenging a defendant's claim that the suit is time-barred because of the plaintiff's refusal to undergo a biopsy the defendant says would have confirmed his silicosis diagnoses nearly 10 years before he filed his complaint. Salts v. 3M Company, et al., No. 04-0294 (E.D. Texas).

In a Feb. 1 response to 3M Co.'s motion for summary judgment, plaintiffs say the defendant's argument ignores that fact that Robert Salts underwent the recommended procedure two years later and was diagnosed …