Silica Defendant Says Plaintiff's Limitations Argument Ignores Key Factor

GREENVILLE, Miss. - A tolling argument asserted by plaintiffs responding to a statute of limitations motion is not applicable to a defendant named in a re-filed case when that same party wasn't named in the initial suit, according to a brief filed recently in a Mississippi. Watkins v. Bob Schmidt Inc., et al., No. 07-91 (N.D. Miss.).

E.I. duPont de Nemours argues in a rebuttal brief filed Sept. 11 in U.S. District Court for the Northern District of Mississippi that plaintiff Robert Watkins has it wrong when he says the statute of limitations on his original 2002 silica claim was …