Settling Defendant Accuses Plaintiff of Fraud, Wants Deal Set Aside

FORT MYERS, Fla. - A silica defendant that recently settled a lung cancer case has moved to have the pact thrown out after a co-defendant still in the case revealed that the plaintiff likely remained a smoker for at least 10 years after he previously testified that he quit. Hughes v. American Tripoli Inc., et al., No. 04-485 (M.D. Fla.).

The motion was filed Aug. 10 in U.S. District Court for the Middle District of Florida by Matchless Metal Polish Company, which seeks an order setting aside the agreement and - eventually - sanctions for plaintiff Jack Hughes' "repeated and …