Plaintiffs Urge Court to Resist Application of Sophisticated User Doctrine

PHILADELPHIA - Responding to a defense motion seeking application of the sophisticated user doctrine to silica cases pending in Philadelphia, plaintiffs have asked the court to reject the request because it's not tied to any particular case and Pennsylvania courts have never recognized the defense. In Re Silica, March Term 2003, No. 0001 (Pa. Comm. Pls., Philadelphia Cty.).

The opposition brief was filed Aug. 6 in Philadelphia County Court of Common Pleas after defendant Ricci Bros. Sand Co. argued last month that Pennsylvania case law and several other factors weighed in favor of applying the sophisticated user doctrine to claim, …