Silica Plaintiffs Fight Move to Dismiss Claims on Constitutional Standing

HOUSTON - A group of silica plaintiffs who defendants say aren't injured and lack standing to even file a lawsuit under Texas law have responded saying that defendants' motion to dismiss the claims ignored the plaintiffs' long history of silica exposure and evidence of subsequent physical symptoms. Davila, et al. v. American Optical Corp., et al., No. 2006-06348 (Texas Dist. Ct., Harris Cty.).

In an opposition brief filed Feb. 24 in Harris County District Court, the plaintiffs argue that, contrary to the defendants' position, their claims more than meet constitutional prerequisites for bringing a claim under Texas law.

Additionally, …