Defendant Says Former Miss. Silica Matter Barred by Ala. Statute

TALLADEGA, Ala. - Defendants have moved to dismiss as untimely an Alabama foundry worker's silica suit that was initially filed in Mississippi but dismissed based on forum non conveniens after the state Supreme Court issued a decision clarifying forum rules. Elston v. Empire Abrasive Equipment Co., No. 07-900017 (Ala. Cir. Ct., Talladega Cty.).

Defendant Empire Abrasive Equipment Company Inc. says in its motion, which sources said will be heard Aug. 1 in Talladega County Circuit Court, that Jimmie Elston cannot use the Mississippi high court's decision as justification for his failure to file the complaint within Alabama's applicable two-year statute …