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· 6/30/2005

In Re Silica Products Liability Litigation

Citations

  • 398 F. Supp. 2d 563
  • 2005 U.S. Dist. LEXIS 14581
  • 2005 WL 1593936

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • noting that chronic or classic silicosis is characterized by small round nodules, primarily in the upper lungs, indicated by a p, q, or r rating under the International Labour Office (ILO
  • asserting that the defendants are alleging actual fraud in the jurisdictional pleadings of the plaintiffs’ claims of silica-related injuries, as the damages are relevant to the amount-in-controversy issue
  • explaining that 1/0 and 1/1 ILO designations indicate some abnormality, while a first number of “0” indicates no abnormality found, and first numbers greater than “1” indicate increasingly abnormal readings
  • also noting that “it is imperative that the diagnosing physician take at least some portion of the histories”
  • “Chronic or classic silicosis, the most common form, typically requires at least 15–20 years of moderate to low exposure of respirable silica.”
  • “A diagnosis [of silicosis] requires (1) an adequate exposure to silica dust with an appropriate latency period, (2) radiographic evidence of silicosis, and (3

Source: CourtListener parenthetical corpus (CC0).

Judges: Jack

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.