Silica Plaintiffs Argue CMO Dismissals Violate Due Process Rights

FORT LAUDERDALE, Fla. - Plaintiffs who recently had silica claims dismissed with prejudice for failing to timely respond to a dispositive motion filed by defendants have moved for reconsideration, arguing that the court violated their due process rights in throwing the claims out. Simmons v. Air Liquide America L.P., et al., No. 05-06348 (Fla. Cir. Ct., Broward Cty.).

The motions for rehearing were filed Aug. 21 in Broward County Circuit Court, two weeks after the court granted motions by certain defendants to dismiss on grounds that the plaintiffs failed to disclose core exposure information in their underlying silica claims.

According …