Texas Silica Plaintiffs File Comprehensive Brief on Constitutional Challenge

HOUSTON - A plaintiff in the Texas Silica MDL has filed a brief intended to represent the complete record and argument for why the state's impairment criteria for proceeding with silica-related claims should be deemed unconstitutional and permanently enjoined in its enforcement and application. In Re Texas State Silica Products Liability Litigation, No. 2004-70000 (Texas Dist. Ct., Harris Cty.).

The Feb. 5 brief, which incorporates arguments from several others filed in the case over the past year in Harris County District Court, challenges the requirements contained in the Texas Civil Practices and Remedies Code § 90.004(b)(2), which the plaintiffs say …