Bullard Contends Silicosis Claims Are Preempted by OSHA

PHILADELPHIA - A manufacturer of air-fed hoods is seeking dismissal from dozens of silicosis cases, asserting that the underlying claims are preempted and conflict with federal regulations established by OSHA and NIOSH. In re Philadelphia Silica Products Liability Litigation, No. March Term 2003-00001 (Pa. Comm. Pls., Philadelphia Cty.).

E.D. Bullard contends in a letter brief filed March 16 that Pennsylvania law and recent statements made by representatives from the U.S. Department of Labor support its position that the silicosis claims are preempted and would interfere with the federal regulatory scheme if they were permitted to proceed.

Bullard is seeking dismissal …