MDL Court Clarifies Use of Experts' Testimony in Other Cases

CLEVELAND - The judge presiding over the federal multi-district litigation issued a clarifying order on Sept. 14, stipulating when the parties' may use an expert's prior statements to cross-examine the individual. Cooley v. Lincoln Electric Co., et al., No. 1:05-CV-17734 [MDL No. 1535] (N.D. Ohio).

Judge Kathleen M. O'Malley of the U.S. District Court for the Northern District of Ohio issued the order as trial was beginning in Cooley, saying she was responding to an issue raised by the parties.

The judge noted that her Aug. 31 order on the issue stipulated that a defendant could cross examine an expert …