Plaintiffs Want 'Functional Impairment' Requirement Removed from Silica Order

CLEVELAND - Plaintiffs in Ohio have filed a motion to have language limiting trials of silica claims to only those filed by 'functionally impaired' plaintiffs removed from a case management order entered in the state's consolidated docket. In re: Cuyahoga County Silicosis Cases, Special Docket No. 73958 (Ohio Comm. Pls., Cuyahoga Cty.).

In a motion filed July 11 in Cuyahoga County Common Pleas Court, the silica plaintiffs allege that the functional impairment standard included in the CMO was based on one adopted for the asbestos litigation and does not apply medically or procedurally to the silica cases.

'The circumstances that …