JUDGE DENIES PLAINTIFFS' MOTION TO AMEND COMPLAINT IN IBSA SUIT AGAINST ACGIH®
Cincinnati, Ohio — July 23, 2007 — In November of 2004 ACGIH®, headquartered in Cincinnati, Ohio, was named as a defendant in lawsuits filed in the United States District Court in Macon, Georgia by the International Brominated Solvents Association (IBSA) and other plaintiffs. The plaintiffs sought to enjoin ACGIH® from proposing, adopting, or publishing TLVs® for 1-Bromopropane, copper, silica, and diesel particulate matter.
The complaint alleged that ACGIH® is a government advisory committee; that ACGIH® is required to follow the procedures of the Administrative Procedures Act (APA) but does not do so; and that ACGIH® has tortiously published false or misleading information about the products sold by plaintiffs and interfered with the plaintiffs' business.
ACGIH® filed a Motion to Dismiss. On March 11, 2005, Judge Duross Fitzpatrick granted the motion to dismiss on three of the four counts against ACGIH® leaving only a claim against ACGIH® for violations of Georgia's Uniform Deceptive Trade Practices Act, O.C.G.A. § 10-1-372.
The case, which has been ongoing since November 2004, has been plagued with numerous extensions and delays to the discovery process. In an Order dated March 1, 2007, the Court established several deadlines in an attempt to move the case along to a conclusion. Discovery finally concluded on March 30, 2007 after nearly two years of discovery in which ACGIH® produced well over 100,000 documents and over 20 depositions were taken.
In the latest development in the case, the plaintiffs requested that the Court allow them to amend their Complaint to add claims of negligence and negligent misrepresentation and to supplement their claims of negligence and deception with alleged evidence relating to the TLVs® of two new substances and one physical agent, adding to the four TLVs® on which plaintiffs currently base their claims. Plaintiffs also sought to substitute a new party to take the place of the International Brominated Solvents Association.
In a June 29, 2007 Order, Chief Judge Hugh Lawson denied Plaintiffs' Motion to Amend the Complaint finding that "With the amount of new material alleged by plaintiffs in their proposed amendments, the Court cannot see how an unnecessarily long delay is not inevitable."
Summary judgment briefing in the case should be completed by the end of July.
ACGIH® is a member-based organization that advances occupational and environmental health. ACGIH® is one of the industry's leading publications resources, with approximately 400 titles relative to occupational and environmental health and safety, including the renowned TLVs® and BEIs®. For more information, visit the ACGIH® website at www.acgih.org or call our Customer Service Representatives at 513-742-2020.