Texas Plaintiffs Add Reason for Finding Impairment Standards Unconstitutional

HOUSTON -- Plaintiffs in Texas have filed a brief in the MDL, arguing that there is an additional reason why they believe the state's impairment criteria requirements for silica claims should be deemed unconstitutional. In Re: Texas State Silica Products Liability Litigation, No. 2004-70000 (Texas Dist. Ct., Harris Cty.).

In a supplemental filing Oct. 8 in Harris County District Court, plaintiffs represented by the law firm of Heard, Robins, Cloud & Lubel argue that the retroactive application of impairment criteria to silica claims violates the due process guarantee contained in the "open courts" provision of the Texas Constitution.

Plaintiffs previously …