Judge Says New Silica Law Doesn't Apply to Federal Case

FT. MYERS, Fla. - A judge has ruled that a recent state law establishing that silica plaintiffs submit prima facie evidence of silica-related physical impairment along with their claim does not apply to cases filed in federal court. Hughes v. American Tripoli Inc., et al., No. 04-485 (M.D. Fla.).

In denying several defense motions to dismiss a case brought in the U.S. District Court for the Middle District of Florida, Judge John E. Steele held that the mandates of Florida's recently enacted Asbestos and Silica Compensation Fairness Act would conflict with the basic notice pleading requirements of the Federal Rules …