U.S. Silica's Brief on the Merits Challenges Lack of Evidence, Sophisticated User Instruction

AUSTIN, Texas - The defendant petitioning the Texas Supreme Court to review a $7.5 million silica verdict has filed its brief on the merits, arguing that the appeals court erred when it upheld the award earlier this year. U.S. Silica Company v. Tompkins, No. 03-0195 (Texas Sup. Ct.).

In a 50-page brief filed in November, defendant U.S. Silica puts forth several arguments for why the high court should review and ultimately reverse the award, including a claim that plaintiff Donald Tompkins' employer was a sophisticated user of the product to which he alleged exposure.

U.S. Silica also argues, as …