Plaintiff Challenges Constitutionality of Silica Medical Criteria Law

HOUSTON - A silica plaintiff has filed a motion in Texas asking the MDL court to declare the state's new silica medical criteria laws unconstitutional because they deprive him of a right that vested prior to passage of the new injury requirements. Olivas v. Oglebay Norton Industrial Sands Inc., et al., No. 2000-00200 (Texas Dist. Ct., Harris Cty.).

Pilar Olivas and his family filed the motion Feb. 22 in Harris County District Court, arguing that the judge overseeing the state's silica docket should permanently enjoin enforcement of the new law, permitting his claim to move forward.

Prior to the passage …