Judge Slams Silica Evidence

A federal judge has remanded 90 silica-related cases to state court because they did not fall within federal jurisdiction and also cast doubt on medical evidence claimed by the defense, stating that it was fraudulently obtained.

Judge Janis Graham Jack, U.S. District Court, Southern District of Texas, in Corpus Christie, said in a 249-page ruling on Thursday that the court lacked jurisdiction over the claims. The order remands 90 cases, transferred by the Judicial Panel of MultiDistrict Litigation to the U.S. Southern District Court, which were filed before Dec. 5, 2004, to state courts, primarily Mississippi. Only 19 cases recently transferred to the court, as well as one original jurisdiction case, will remain in the federal court.

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