Defendants: Plaintiffs Without Diagnosis Lack Standing Under Texas Law

HOUSTON - A group of defendants in the Texas state silica MDL have moved to dismiss the claims of plaintiffs who they say have no standing to sue under the Texas Constitution because they have never been diagnosed with a silica-related injury. Davila, et al. v. American Optical Corp., et al., No. 2006-06348 (Texas Dist. Ct., Harris Cty.).

In a Feb. 3 Plea to the Jurisdiction filed in Harris County District court the defendants argue that the plaintiffs' lawsuits are based merely on the results of a screening X-ray that showed readings "consistent with silicosis." The findings are insufficient to …