Oral arg. – Miss.S.Ct. – July 1, 2015

At 10:00 a.m., the Court will hear yet another silicosis case, Randy Williams et al v. Clark Sand.  At least the issue is a new one.  

 Seven people including Williams sued Clark Sand in 2013 alleging that they suffered lung damage from using Clark’s silica. Clark, a Florida corporation, dissolved in 2008.   Clark Sand argued that under Florida law, the plaintiffs had four years to file suit after the dissolution.  Clark Sand admits that “[t]he capacity of a dissolved foreign corporation to be sued in Mississippi courts has not been addressed by Mississippi appellate courts. However, other courts routinely determine the capacity of dissolved foreign corporations to be sued by applying the law of the state of incorporation and dissolution (here, Florida), as did the circuit court in these cases.”

Williams’ brief.

Clark Sand’s Brief

Williams’ rebuttal. 

Watch the argument here

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