Defendants Claim Joinder, Forum Issues Cloud Oklahoma Silica Complaint

OKMULGEE, Okla. - Defendants named in an Oklahoma silica case have moved to sever or dismiss the claims of 69 plaintiffs, alleging that the claimants themselves indicated that their exposures are not common and may not have even entirely occurred in the state. Sides, et al. v. Mohawk Materials Company, Inc., et al., No. 2004-502 (Okla. Dist. Ct., Okmulgee Cty.).

In motions filed in January, numerous defendants asked the Okmulgee County District Court to find that all but one of the plaintiffs are improperly joined to the case.

'Plaintiffs should not be allowed to join in one action a multitude …