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Silica Litigation Case Law and Tort Reforms: A State-By-State Overview

By Marc S. Gaffrey and Wendy R. Kagan

After seeing the effects of asbestos litigation on the courts and the economy ' such as bankruptcy filings and the economic fallout that ensues ' few want to see a repeat with silica litigation. On the federal level, a comprehensive bill has been introduced to address the current and future handling of asbestos, silica and mixed dust claims. The original proposal sought to create a $140 billion national trust fund for asbestos claims. A subsequent draft, which came out of committee May 26, added silica and mixed dust claims to the agenda.

But while federal measures work their way through the system to either become law or not, states are implementing their own guidelines to control silica litigation. Some changes are being made through state court decisions, others through legislation. Some are already in place, while others are still in the works. An overview of some states' silica litigation-related decisions and tort reforms should prove useful to the litigator who wants to know what trends are developing that may affect his or her practice.

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