Defendants: Silica Plaintiffs' Claims Against Carrier Invalid, Preempted

EAST ST. LOUIS, Ill. - An Illinois trucking company that transported silica to a location where a plaintiff claims he suffered an injurious exposure is arguing that the case against it and other defendants should remain in federal court because the company's status as a common carrier absolves it of any liability in the case. Bergman v. U.S. Silica, et al., No. 06-00356 (S.D. Ill.).

Lotz Trucking Inc. -the sole non-diverse defendant in the case - and four of its co-defendants argue in a June 30 response to plaintiff James Bergman's motion to remand that Illinois imposes no duty on …