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Nippon Sheet Glass, parent company of Pilkington North America, has moved to dismiss a third-party complaint brought forth against it by Mitsui Sumitomo Insurance (MSI), which has been in an ongoing lawsuit with Pilkington over an insurance payout following tornado damage at Pilkington’s Ottawa, Ill., plant in February 2017.
MSI is alleging that NSG made negligent misrepresentations. In its motion, NSG claims that MSI has sued NSG as a discovery maneuver.
“More specifically, MSI-US is apparently concerned that as a non-party, NSG-Japan could take advantage of the discovery protections contemplated by the Federal Rules and so—as a means of circumventing these protections—has brought suit directly against NSG-Japan in the hope that this foreign entity would then be forced to comply with party discovery, including the provision of ‘relevant documents and witnesses available in discovery and at trial.’ In support of this tactic, MSI-US has cobbled together two claims against NSG-Japan that are both legally deficient and essentially already before this Court, but in different form,” reads the document.
