Joinder of Silica Claims for Trial Permitted Under State Law, Plaintiffs Say

MILWAUKEE - Plaintiffs in a Wisconsin silica case are challenging defense efforts to split their claims into separate trials, arguing an approach that favors examining each plaintiff "under a microscope" essentially nullifies statutory authority for allowing joint trials. Garth, et al. v. Pfizer, No. 2005CV009961 (Wis. Cir. Ct., Milwaukee Cty.).

In a brief filed Oct. 12 in Milwaukee County Circuit Court, the plaintiffs contend that courts in Wisconsin have historically had no problem grouping claims nearly identical to those asserted in the instant matter. And, the plaintiffs assert, the defendants have failed to cite any authority for why the silica …