Dual Consolidation Orders from Separate Judges Complicate Texas Silica Claims

BROWNSVILLE, Texas - Two state judges from districts in the same Texas county have agreed to consolidate the same 10 silica cases, further complicating proceedings before a court that recently entered a default judgment against defendants totaling nearly $300 million. Fragoso, et al. v. American Optical Corp., et al., No. 2003-05-2778-G; Davila, et al. v. American Optical Corp., et al., No. 2003-05-2771 (Texas Dist. Ct., Cameron Cty.).

The orders were entered on Jan. 6 and Jan. 7 by judges sitting in Cameron County District Court and are likely to raise issues related to jurisdiction that may affect the outcome of …