Defendants Cite 'Unlawful' Screenings in Move to Dismiss Silica Cases

PHILADELPHIA - Defendants in dozens of Philadelphia silica cases have moved to dismiss the claims, arguing that the plaintiffs cannot establish medical causation because their alleged injuries are supported by mass X-ray screenings performed without prior approval from the state Department of Environmental Protection. In Re: Silica Products Liability Litigation, PCCP March Term 2003, No. 001 (Pa. Comm. Pls., Philadelphia Cty.).

In a motion filed Dec. 2 in the Philadelphia County Court of Common Pleas, defendants contend that the 58 silica cases pending in the state court's complex litigation program should be thrown out because they were 'filed under false …