Defendant Says No Diversity in Original Jurisdiction MDL Silica Case

CORPUS CHRISTI, Texas - American Optical Corp. has filed a motion to dismiss an original jurisdiction silica case filed in the MDL, claiming that it fails to meet the diversity requirements under the federal rules of civil procedure. Alexander v. Air Liquide America Corp., et al., No. 03-00533 (S.D. Texas).

In its Aug. 9 motion, American Optical says that despite two extra opportunities to do so, plaintiffs have failed to make even the most basic allegations to demonstrate complete diversity of citizenship between all of the plaintiffs and all of the defendants.

'In an action initiated in federal court, it …