Partial Motion to Dismiss Granted in Favor of Detroit Diesel Corporation U.S.D.C. for the Southern District of Mississippi, February 8, 2019
MISSISSIPPI — Detroit Diesel Corporation moved to dismiss certain claims filed against them by the plaintiffs, who alleged that William Dickens developed mesothelioma following exposure to Detroit Diesel engines from 1980 to 2010. The motion to dismiss was unopposed. Detroit Diesel moved to dismiss four alternative theories of liability not recognized under Mississippi law: enterprise liability, market-share liability, concert of action and alternative liability. The court recognized that these claims were not viable under Mississippi law and granted that portion of the motion, with prejudice. The court also dismissed the plaintiffs’ fraud claims without prejudice due to a lack of specificity, which was required by F.R.C.P. 9(b). Likewise, the plaintiffs’ fraud-based aiding and abetting claim was dismissed without prejudice, given the lack of facts pled to support such a claim. Finally, the court granted the plaintiffs leave to amend their complaint as to the counts dismissed without prejudice.
Only the Westlaw citation is currently available at 2019 WL 508074.