Louisiana Federal Court Allows Silica Claims to Proceed, Rejects LPLA Challenges
September 27, 2021
SHREVEPORT, La. –– A Louisiana federal court has allowed a silica exposure lawsuit to proceed despite challenges to the claims on grounds that they are precluded by the state’s Products Liability Act, concluding that the exact date of accrual cannot be appropriately determined at this stage of the litigation.
In the Sept. 2 opinion, the U.S. District Court for the Western District of Louisiana found that the plaintiff had carried his burden of pleading facts sufficient to establish that the cause of action accrued prior to the enactment of the Louisiana Products Liability Act.
Plaintiff Larry Smith argued in his …