WELDING FUME PRODUCTS LIABILITY
MULTIDISTRICT LITIGATION
HOME PAGE OF THE MDL PLAINTIFFS' LEADERSHIP COUNSEL
United States District Court
for the Northern District of Ohio, Eastern Division
Multidistrict Litigation Number 1535
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Court Denies Defendants' Motions to Dismiss.
In a Memorandum and Order dated April 4, 2005 (Docket 992) Judge Kathleen M. O'Malley denied without prejudice twenty-one separate "waves" of motions to dismiss and/or for judgment on the pleadings filed by Defendant Caterpillar, Inc. and other so-called "Consumer Defendants" against hundreds of cases transferred into the MDL. The Court also denied motions to dismiss brought by Defendants Dixie Mill, E.I. Du Pont De Nemours and Company, Capweld, Inc., Stoody Company and Thermadyne Holding Corporation.
Court Denies Motion to Dismiss Asserting Pre-emption Under Occupational Safety and Health Act and HazCom Standard.
In a Memorandum and Order dated April 5, 2005 (Docket 1002) Judge Kathleen M. O'Malley denied a motion to dismiss asserting federal pre-emption of all injury lawsuits brought by Plaintiffs under the Occupational Safety and Health Act (29. U.S.C. Section 651) and Hazard Communication Standard (29 C.F.R. Section 1910.1200. The motion was filed by Deloro Stellite Company, General Electric Company, National Electrical Manufacturers Association and Select Arc, Inc., and joined by Industrial Welding Supplies of Hattiesburg, Inc. d/b/a/ Nordan Smith, and National Standard Company.
Ernesto Solis v. Lincoln Electric Company, et al. set for Trial.
Solis v. Lincoln Electric, et al., United States District Court for the Northern District of Ohio, Eastern Division, case number 1:04-cv-17363 is the first case in the MDL headed for trial, and is scheduled to commence with opening statements on June 5, 2006 before The Honorable Kathleen M. O'Malley. The Court has reserved three weeks for trial. The Court has scheduled second and third trials to commence on August 15, 2006 and October 30, 2006, respectively.
LAST UPDATE: 03/03/2006
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