Viacom Dismissed with Prejudice from Alabama Silica Suit

BIRMINGHAM, Ala. - Another defendant has been dismissed from an Alabama silica case after claiming that the plaintiffs' amended complaint failed to adequately state a claim against the company. Chancellor, et al. v. Air Liquide America Corp., et al., No. 04-3102 (N.D. Ala.).

In an April 28 opinion, Judge R. David Proctor of the U.S. District Court for the Northern District of Alabama dismissed defendant Viacom Inc. with prejudice, despite plaintiffs' argument that it would develop a case against the company once discovery had gotten underway.

'Such haphazard pleading leaves Viacom with no meaningful understanding of what claims are, in …