Another Texas Plaintiff Challenges Constitutionality of Silica Law

HOUSTON - A plaintiff in the Texas silica litigation is challenging the constitutionality of a legislative bar on his claim, arguing that the state's medical criteria law creates unattainable benchmarks that preclude him from advancing his case. Weitzel, et al. v. 3M Co., No. 2005-77740 (Texas Dist. Ct., Harris Cty.).

Clifton Dean Weitzel filed a motion Dec. 15 in Harris County District Court seeking a declaration that Section 90.004 of the Texas Civil Practice and Remedies Code violates his constitutional right of access to the courts by preventing him from pursuing a claim that had vested under prior legal and …