Bullard Says Levine Drug Case Has No Bearing on Preemption of Silica Claims

NEW ORLEANS - Defendant E.D. Bullard has moved for summary judgment in a Louisiana silica case, arguing that the plaintiff's claims are preempted by OSHA's complex, comprehensive regulatory scheme for approving respiratory protection equipment. Adams, et al. v. Territo, et al., No. 2005-7220 (La. Dist. Ct., Orleans Prsh.).

The motion, filed in Orleans Parish District Court, states that because Bullard's equipment was NIOSH approved, it cannot be subject of state law claims asserted by plaintiffs who claim that the devices carried inadequate warnings that caused a former sandblaster's silicosis.

Bullard's motion follows a similar one filed March 16 in Pennsylvania …