http://www.lexisnexis.com/mealeys/news.aspx Headline Welding Rods Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2012 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - The judge presiding over the consolidated welding fume products liability litigation in the U.S. District Court for the Northern District of Ohio on April 27 issued a memorandum and order establishing a Welding Fume MDL Resolution Fund and appointing a claims administrator to distribute the fund to plaintiffs in the litigation (In re: Welding Fume Products Liability Litigation, MDL 1535, No. 03-17000, N.D. Ohio; See April 2012, Page 6; See related story in this issue.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A resolution agreement among the plaintiffs and the welding consumables industry settling 100 personal injury claims in the consolidated multidistrict welding fume products liability litigation in the U.S. District Court for the Northern District of Ohio and some 700 actions pending in other courts became binding on the settling defendants on April 12, and the defendants have until April 27 to contribute $21.5 million to the private resolution program established in the settlement agreement, Thermadyne Holdings Corp. informed the U.S. Securities and Exchange Commission April 18 in a Form K-8 disclosure (In re: Welding Fume Products Liability Litigation, MDL 1535, No. 03-17000, N.D. Ohio; See April 2012, Page 6). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CINCINNATI - The stipulation to dismiss ordered in January by the Sixth Circuit U.S. Court of Appeals Office of the Circuit Mediators was filed and granted May 1 in the appeal of a $5.7 million judgment for the plaintiffs in a products liability failure-to-warn welding fumes injury bellwether trial in the Northern District of Ohio (Curtis Cooley, et uxor v. Linde, et al., Nos. 11-3380 [consolidated], 6th Cir.; See February 2012, Page 11). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank GULFPORT, Miss. - A welding fumes products liability lawsuit transferred from the multidistrict litigation in the U.S. District Court for the Northern District of Ohio to the Southern District of Mississippi for trial was dismissed with prejudice May 2 by joint stipulation of the parties; a global settlement in the multidistrict litigation became binding April 12 (Robert E. Jowers v. Lincoln Electric Co., et al., No. 08-36, S.D. Miss.; See February 2012, Page 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - A Mississippi welder who did not sign the global settlement in the welding products liability litigation filed a motion May 2 in the U.S. District Court for the Northern District of Ohio to enjoin enforcement of a section of the agreement he avers will prejudice his case by limiting access to documents in the multidistrict litigation depository for trial preparation (In re: Welding Fume Products Liability Litigation [James H. Baxter, No. 08-17037], MDL 1535, No. 03-17000, N.D. Ohio; See March 2012, Page 10, and related stories in this issue). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation included in the hearing order entered April 17 its intention to consider without oral argument a Missouri plaintiff's motion to remand personal injury products liability claims transferred in June 2009 to the welding fume multidistrict litigation in the U.S. District Court for the Northern District of Ohio; the hearing will be May 31 in Washington (In re: Welding Fume Products Liability Litigation [Janice Emerson, No. 09-17066], MDL 1535, JPMDL; See April 2012, Page 6). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OAKLAND, Calif. - Judge Robert B. Freedman issued a case management order April 12 in the Bay Bridge welder personal injury litigation coordinated in the Alameda County, Calif., Superior Court, setting a May 18 conference in anticipation of the June 12 settlement allocation trial (Welding Products Cases, No. JCCP004368, Calif. Super., Alameda Co.; See April 2012, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - Judge Harry A. Hanna issued an order on April 24 rescheduling the final pretrial conference scheduled for May 2 until June 13 in the welding rod products liability litigation trial continued from August in the Cuyahoga County, Ohio, Court of Common Pleas; the plaintiff stipulated to dismissal with prejudice and joined the global settlement that became effective April 12 (Joseph Boyd, et al. v. Lincoln Electric Co, et al., No. 04-545413, Ohio Comm. Pls., Cuyahoga Co.; See January 2012, Page 7). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OXFORD, Miss. - The magistrate judge presiding over a lawsuit in the U.S. District Court for the Northern District of Mississippi prosecuted by the executor of the estate of a deceased welder who died of cancer after allegedly being exposed to hexavalent chromium in welding fumes granted an unopposed motion by the plaintiff to extend deadlines for designating expert witnesses (Pinnacle Trust Co. v. Babcock & Wilcox Power Generation Group Inc., et al., No. 11-2, N.D. Miss.; See October 2011, Page 19). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%2010%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank FORT WAYNE, Ind. - Welding industry defendants sued in the U.S. District Court for the Northern District of Indiana by a welder who seeks damages for burn injuries related to the use of a plasma torch argue in a brief filed April 26 that their motions for summary judgment should be considered before a motion by the plaintiff to compel arbitration (Rex Hathaway, et uxor v. Cintas Corporate Services Inc., et al., No. 10-195, N.D. Ind.; See December 2011, Page 14). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-2%20Mealey%27s%20Litig%20Report%20Welding%20Rods%2011%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - The umbrella insurance companies sued in the U.S. District Court for the Northern District of Ohio by Lincoln Electric Co. for a declaratory judgment of duty to defend press their challenge of the adequacy of the pleadings in a reply filed April 24 (The Lincoln Electric Co. v. Travelers Casualty & Surety Co., et al., No. 11-2253, N.D. Ohio; See April 2012, Page 11). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-1%20Mealey%27s%20Litig%20Report%20Welding%20Rods%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OAKLAND, Calif. - The Bay Bridge welder plaintiffs with claims in the Alameda County, Calif., Superior Court coordinated welding products liability litigation were granted a trial continuance in an order entered March 13 (Welding Products Cases, No. JCCP004368, Calif. Super., Alameda Co.; See March 2012, Page 6). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-1%20Mealey%27s%20Litig%20Report%20Welding%20Rods%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. PAUL, Minn. - Because significant progress has been made in reaching a settlement in the multidistrict welding fume products liability litigation consolidated in the Northern District of Ohio, the parties to a case transferred in February from the consolidation to the U.S. District Court for the District of Minnesota requested and were granted March 26 a continuance until after Aug. 1 (David Mann v. Lincoln Electric Co., et al., No. 06-3319, D. Minn.; See March 2012, Page 7). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-1%20Mealey%27s%20Litig%20Report%20Welding%20Rods%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A Missouri plaintiff whose personal injury products liability claims were transferred in June 2009 to the welding fume products liability multidistrict litigation in the U.S. District Court for the Northern District of Ohio filed a motion March 16 with the Judicial Panel on Multidistrict Litigation for remand to the Western District of Missouri (In re: Welding Fume Products Liability Litigation [Janice Emerson, No. 09-17066], MDL 1535, JPMDL; See related story in this issue). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-1%20Mealey%27s%20Litig%20Report%20Welding%20Rods%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank WASHINGTON, D.C. - A Missouri plaintiff's motion to remand personal injury products liability claims transferred in June 2009 to the welding fume multidistrict litigation in the U.S. District Court for the Northern District of Ohio is premature and should be denied, the defendant avers in a response filed April 6 with the Judicial Panel on Multidistrict Litigation (In re: Welding Fume Products Liability Litigation [Janice Emerson, No. 09-17066], MDL 1535, JPMDL; See related story in this issue). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-1%20Mealey%27s%20Litig%20Report%20Welding%20Rods%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - The widow of a Louisiana welder who seeks to pursue the failure-to-warn causes of action raised by her late husband against the manufacturers of welding consumables was granted as unopposed March 15 in the multidistrict welding fume litigation consolidated in the U.S. District Court for the Northern District of Ohio a motion to amend the complaint to add a wrongful death claim and to name her as the plaintiff as the administrator of the successor estate (In re: Welding Fume Products Liability Litigation [Larry Goodson, No. 09-17051], MDL 1535, No. 03-17000, N.D. Ohio; See February 2012, Page 8). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-1%20Mealey%27s%20Litig%20Report%20Welding%20Rods%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - A West Virginia welder whose personal injury lawsuit was transferred in February 2007 to the welding fume products liability litigation consolidated in the U.S. District Court for the Northern District of Ohio filed a stipulation of dismissal without prejudice against all defendants on March 21; the motion was granted March 21 (In re: Welding Fume Products Liability Litigation [Curtis R. Skiles, No. 07-17009], MDL 1535, No. 03-17000, N.D. Ohio). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-1%20Mealey%27s%20Litig%20Report%20Welding%20Rods%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - The welding consumables manufacturers sued by a Philadelphia welder in the multidistrict welding fume litigation consolidated in the U.S. District Court for the Northern District of Ohio filed a motion March 15 to dismiss without prejudice for failing to comply with the case management order to produce medical record authorization by June 2011 (In re: Welding Fume Products Liability Litigation [Jerry Jankans, No. 06-17268], MDL 1535, No. 03-17000, N.D. Ohio). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-1%20Mealey%27s%20Litig%20Report%20Welding%20Rods%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - The defendants in the welding fume products liability litigation consolidated in the U.S. District Court for the Northern District of Ohio filed a motion March 26 to dismiss the claims of a Michigan welder for failing to file an expert medical report linking his alleged neurological injury to welding fume exposure (In re: Welding Fume Products Liability Litigation [Richard Brigham, No. 08-17651], MDL 1535, No. 03-17000, N.D. Ohio). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=9-1%20Mealey%27s%20Litig%20Report%20Welding%20Rods%209%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - Lincoln Electric Co. filed a motion April 5 to file under seal portions of its opposition to the umbrella insurers' motion to dismiss for failing to state a claim in the declaratory judgment action it filed in the U.S. District Court for the Northern District of Ohio to determine the insurers' duties to the welding rod manufacturer in the products liability suits brought by welders (The Lincoln Electric Co. v. Travelers Casualty & Surety Co., et al., No. 11-2253, N.D. Ohio; See March 2012, Page 14). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-12%20Mealey%27s%20Litig%20Report%20Welding%20Rods%201%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MONTGOMERY, Ala. - The Alabama Supreme Court issued an order March 2 denying a defense application for rehearing of its June 30 opinion that permits a welder to seek damages for exposure to welding fumes within six years of filing suit under the theory of wantonness (Charles E. Jerkins v. Lincoln Electric Co., et al., No. 1091533, Ala. Sup.; 2012 Ala. LEXIS 26.; See July 2011, Page 4). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-12%20Mealey%27s%20Litig%20Report%20Welding%20Rods%202%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank OAKLAND, Calif. - The Bay Bridge welder plaintiffs with claims in the Alameda County, Calif., Superior Court welding products liability litigation filed a motion April 29 to continue the settlement allocation trial scheduled for May 7 for 30 days or longer because of conflicts in attorney schedules (Welding Products Cases, No. JCCP004368, Calif. Super., Alameda Co.; See January 2012, Page 9). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-12%20Mealey%27s%20Litig%20Report%20Welding%20Rods%203%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank ST. PAUL, Minn. - A pretrial conference setting was announced March 8 in the welding fume products liability personal injury lawsuit transferred to the U.S. District Court for the District of Minnesota for retrial of a South Dakota welder's claims (David Mann v. Lincoln Electric Co., et al., No. 06-3319, D. Minn.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-12%20Mealey%27s%20Litig%20Report%20Welding%20Rods%204%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank MINNEAPOLIS - The U.S. Judicial Panel on Multidistrict Litigation's remand of a case awaiting retrial of the personal product injury claims alleged by a South Dakota welder was received Feb. 17 in the U.S. District Court for the District of Minnesota, according to the record (David Mann v. Lincoln Electric Co., et al., No. 06-3319, D. Minn.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-12%20Mealey%27s%20Litig%20Report%20Welding%20Rods%205%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - An amended, agreed case management order from a Mississippi welder and the defendants was signed and filed March 8 in the welding fume products liability litigation consolidated in the U.S. District Court for the Northern District of Ohio; the parties have until Aug. 24 to complete discovery (In re: Welding Fume Products Liability Litigation [James H. Baxter, No. 08-17037], MDL 1535, No. 03-17000, N.D. Ohio; See February 2012, Page 6). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-12%20Mealey%27s%20Litig%20Report%20Welding%20Rods%206%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank RICHMOND, Va. - Oral arguments in a declaratory judgment action appealed to the Fourth Circuit U.S. Court of Appeals from South Carolina were tentatively scheduled for May in a notice filed Feb. 8 in the docket (ESAB Group Inc. v. Zurich Insurance, et al., No. 11-1243 [consolidated], 4th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-12%20Mealey%27s%20Litig%20Report%20Welding%20Rods%207%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - Lincoln Electric Co. and the two insurance companies it is suing in the U.S. District Court for the Northern District of Ohio to determine their duties to the welding rod manufacturer in the products liability suits brought by welders filed a joint report March 7 under Federal Rule of Civil Procedure 26(f) in which they propose a discovery schedule and decline jurisdiction under a magistrate judge (The Lincoln Electric Co. v. Travelers Casualty & Surety Co., et al., No. 11-2253, N.D. Ohio; See February 2012, Page 13). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=8-12%20Mealey%27s%20Litig%20Report%20Welding%20Rods%208%20(2012)&view=full&ORIGINATION_CODE=00144 target=_blank CLEVELAND - The two insurance companies Lincoln Electric Co. sued in the U.S. District Court for the Northern District of Ohio to determine their duties to the welding rod manufacturer in the products liability suits brought by welders filed redacted brief March 8 in support of their motion to dismiss the suit for failing to state a claim; Judge Donald C. Nugent set April 10 as the deadline to respond during a March 12 case management conference (The Lincoln Electric Co. v. Travelers Casualty & Surety Co., et al., No. 11-2253, N.D. Ohio; See February 2012, Page 13).