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Judge's Order Shows Contempt for Doctors' and Lawyers' Tactics

BY Janice G. Inman
October 07, 2005

As anticipated, Judge Janis Graham Jack's written Order 29 in the In re Silica Products Liability Litigation multidistrict litigation (“MDL”) was far from complimentary to the plaintiff bar. The order, dated June 30, addresses subject matter jurisdiction, admissibility of evidence and sanctions for some lawyers Judge Jack basically deemed charlatans. The order followed the defendants' presentation of evidence during a 3-day hearing in February in the U.S. District Court for the Southern District of Texas, Corpus Christi Division, which showed that many of the claims under investigation were brought on the basis of faulty or nearly nonexistent medical diagnoses.

The Numbers Did Not Add Up

The MDL involved 111 cases originally filed in Mississippi state court and later removed to federal court by the defendants. The number of plaintiffs represented in those 111 cases, however, is huge, with numbers ranging from one to 4280 per case. Most of those plaintiffs are from Mississippi, Alabama or Texas, but others are residents of Arkansas, California, Florida, Georgia, Illinois, Indiana, Kentucky, Louisiana, Michigan, Missouri, North Carolina, Ohio, Tennessee and West Virginia. The defendant corporations in the cases ranged from six to 134, some of which are incorporated or have their principle place of business in Mississippi.

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