Plaintiffs Seek Injunction, Calls Impairment under Texas Law a 'Moving Target'

HOUSTON -- A group of silica plaintiffs in Texas are challenging sections of the state's medical criteria legislation, saying that the legislature assigned constitutional authority to a private, independent third party when it enacted Senate Bill 15. In re: Texas State Silica Products Liability Litigation, No. 2004-70000 (Texas 295th Dist. Ct., Harris Cty.).

In an Aug. 25 brief supporting their request for a permanent injunction, the group of plaintiffs say in the alternative that the impairment criteria in a section of SB 15 is unconstitutionally retroactive.

"By retroactively imposing arbitrary and unreasonable standards, and by abdicating its legislative duties to …