Defendants: Plaintiffs Shouldn't Be Joined, Let Alone Tried, Together

OSHKOSH, Wis. - Six silica plaintiffs who may have their claims tried together in Wisconsin don't even belong in the same lawsuit, defendants argue in an attempt to persuade a judge to order separate trials for former foundry workers. Allen, et al. v. W.O.S. Inc., et al., 05-CV-1237 (Wis. Cir. Ct., Winnebago Cty.).

The assertions were made in a Sept. 12 joint brief that defendants filed in Winnebago County Circuit Court, where a judge is set to determine whether jurors will hear all six plaintiffs' claims in one trial.

According to the defendants, the claims contained in the complaint, in …