Ohio Judge Awards Summary Judgment in Two Silica Cases

CLEVELAND - An Ohio judge has again held that the sophisticated user defense is valid in silica cases, awarding summary judgment to several defendants that argued the doctrine barred plaintiffs from asserting failure-to-warn claims. McLaughlin v. Air Liquide America Corp., et al., No. 524597; Tsapranis v. Air Liquide America Corp., et al., No. 506491 (Ohio Comm. Pls., Cuyahoga Cty.).

Justice Francis E. Sweeney of the Cuyahoga County Court of Common Pleas entered the orders July 15 in two sandblasting cases he said were similar to at least two others that were dismissed on sophisticated user grounds.

"Plaintiff raised legal arguments …