In Re: Remanded Federal MDL Silica Products Liability Litigation


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Docket Number: 2005-M-01356-SCT

Supreme Court: Opinion Date: 09-29-2005
Holding: Certain Silica Defendants Petition to Establish a Consolidated Pre Trial Court to Administer Silica Related Cases Remanded to the State Court by Federal MDL 1553 filed by Fred Krutz, counsel for various defendants in this matter is dismissed. All motions seeking the dismissal of this petition are hereby granted to the extent that the dismissal of this petition is requested. All other relief sought in the motions to dismiss, if any, is denied. Defendants' Petition for Extraordinary Relief filed by W. Wayne Drinkwater and Margaret Oertling Cupples on behalf of various defendants/petitioners is dismissed. All motions seeking the dismissal of this petition are hereby granted to the extent that the dismissal of this petition is requested. All other relief sought in the motions to dismiss, if any, is denied.

Additional Case Information: Judge(s) Concurring: Smith, C.J., Waller and Cobb, P.JJ., Easley, Carlson, Graves, Dickinson and Randolph, JJ.
Non Participating Judge(s): Diaz, J.

Note: Certain Plaintiffs' Petition to Adopt Class Action Rules in Order to Certify a Plaintiff Class for Medical Monitoring and to Adopt Pre-Trial Discovery Orders in Order to Streamline the Administration of Certain Silica-Related Cases to be Remanded to the State Courts by Federal MDL 1553 filed by F. Gerald Maples and Meredith A. Mayberry is denied insofar as the petitioners seek to have this Court certify the silica-related cases as a medical monitoring class action lawsuit. The request to have this Court adopt rules of procedure for filing and maintaining class action lawsuits in this state shall be submitted to the Supreme Court Rules Advisory Committee pursuant to M.R.A.P. 27(f). Martin Materials and Unimin's Petition for Extraordinary Relief filed by counsel for the defendants/petitioners is dismissed insofar as the petitioners request that this Court issue writs of mandamus to the certain circuit courts of this state with regard to silica-related litigation. Martin Materials and Unimin's Petition for Extraordinary Relief filed by counsel for the defendants/petitioners shall be submitted to the Supreme Court Rules Advisory Committee pursuant to M.R.A.P. 27(f). Certain Respondents/Plaintiffs Motion to Strike is dismissed as moot. Special Appearance by Certain Plaintiffs for the Purpose of Requesting that their cases be Exempt from Defendants' Petition for Extraordinary Relief Since Certain Plaintiffs are not a Party to the Instant Matter filed by R. Allen Smith, Jr., is dismissed as moot. Plaintiff's Supplemental Response to Petition for Extraordinary Relief and Motion to Dismiss filed by Michael L. Ward is dismissed as moot. Motion of 3M Company for Extension of Time Within Which to Respond to Certain Motions is dismissed as moot.

  Party Name: Attorney Name:  
Appellant: In Re: Remanded Federal MDL Silica Products Liability Litigation








 


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