N.Y. Court Denies Motions for Summary Judgment from Parties on Both Sides of Silica Case

ROCHESTER, N.Y. ––A New York federal court has denied a number of motions filed by the parties in a silica exposure lawsuit in which discovery was re-opened after the plaintiff attempted to assert additional allegations of interstitial fibrosis.

In the Sept. 30 order, the U.S. District Court for the Western District of New York denied 3M’s efforts to obtain summary judgment without prejudice, noting that the re-opened discovery period was not yet closed. However, the court denied the plaintiff’s request for summary judgment on the negligence per se claim, concluding that 3M could not be found negligent for the violation …