Pa. Defendants Seek Order on Applicability of Sophisticated User Doctrine

PHILADELPHIA - A defendant in the Philadelphia County silica litigation has moved for an order that would allow the sophisticated user defense to be asserted in all cases pending on the court's coordinated docket. In Re Silica, March Term 2003, No. 0001 (Pa. Comm. Pls., Philadelphia Cty.).

Counsel for Ricci Bros. Sand Co. Inc. assert in a July 6 letter brief that Pennsylvania case law and several other factors weigh in favor of applying the sophisticated user doctrine to claims alleging exposure to silica brought by painters and sandblasters.

Several suits remain pending in Philadelphia County Common Pleas Court before …