Judge Thwarts Attempt to Toss Cases Based on 'Illegal' Screenings

PHILADELPHIA - A state court judge has denied a defense motion to dismiss an entire silica docket on grounds that the screenings which led to the cases were conducted in violation of the court's case management order and state law. In re: Silica Products Liability Litigation, March Term 2003, No. 00001 (Pa. Comm. Pls., Philadelphia Cty.).

Judge Paul P. Panepinto of the Philadelphia Court of Common Pleas issued his ruling June 2, noting only that the motion was to be denied 'in all respects.' No opinion was issued with the order, sources said.

Defendants had previously moved for summary judgment …