Defendants Withdraw Statute of Limitations Motion in Alabama

TALLADEGA, Ala. - Defendants in Alabama have withdrawn their motion to dismiss a silica lung cancer case based on the state's controversial statute of limitations, which plaintiffs have recently argued is unfair and should be struck down as unconstitutional. Elston v. Empire Abrasive Equipment Co., No. 07-900017 (Ala. Cir. Ct., Talladega Cty.).

Sources told HarrisMartin Publishing that the motion was withdrawn just days before it was to be heard in Talladega County Circuit Court on Aug. 1. No reason was given for the withdrawal, though sources said the motion could be brought up again at a later date.

The case …