Judge Explains Choice-of-Law, Causation Rulings in Byers

CLEVELAND - U.S. District Judge Kathleen M. O'Malley has issued her promised written opinion on choice-of-law and causation rulings made during a recent welding fumes trial that ended in a defense verdict. Byers v. Lincoln Electric Co., et al., No. 1:04-CV-17033 (N.D. Ohio).

Judge O'Malley concluded her March 20 opinion by reiterating that, based on a lack of specific causation under Texas law, summary judgment in Byers was warranted for BOC Group, TDY Industries, Union Carbide Corp., Eutectic Corp., Sandvik Inc. and Westinghouse Electric Corp., but she denied similar motions by trial defendants Lincoln Electric Co., Hobart Brothers Co. and …