Texas Silica Defendants Respond to Constitutional Challenge

HOUSTON - The judge overseeing the Texas state silica MDL will soon rule on a plaintiff's challenge to the state's medical criteria statute after hearing argument on whether the claimant can even assert the challenge without first trying to comply with the new law. Olivas v. Oglebay Norton Industrial Sands Inc., et al., No. 2000-00200 (Texas Dist. Ct., Harris Cty.).

Judge Tracy Christopher, who presides over the MDL in Harris County District Court, heard argument May 21 in a case brought by Pilar Olivas, who claims he cannot meet the new rigid legal and medical requirements, despite being diagnosed with …