Court Grants 3M Motion, Says Statute of Limitations Bars Claim

BIRMINGHAM, Ala. - A state court judge has granted a motion for judgment on the pleadings in a silica case and dismissed the wrongful death claims of a sandblaster's widow who attempted to show that Alabama's statute of limitations violates the U.S. Constitution. Ogle v. 3M Corp., et al., No. 06-1702 (Ala. Cir. Ct., Jefferson Cty.).

Judge G. William Noble of the Jefferson County Circuit Court dismissed the case Feb. 7, opining that it is his 'duty ... to abide by the law as adopted by' the Alabama Legislature and state Supreme Court - even if it meant that plaintiff …