U.S. Silica Says Case May Be Reopened Pending Discovery Against Bankrupt Employer

DAYTON, Ohio - A defendant in an Ohio silica case that was closed after the plaintiff's former employer filed for bankruptcy has responded to a request to re-open the case, saying it will consent to doing so only if discovery can proceed against the bankrupt employer. Ash v. 3M Company, et al., No. 04-CV-5811 (Ohio Comm. Pls., Montgomery Cty.).

U.S. Silica argues in a motion filed May 3 in Montgomery County Court of Common Pleas that without discovery from bankrupt defendant DM/Amcast, it would be impossible for U.S. Silica and others to defend the action, given that the plaintiff's claims …