Cooley Defendants Move to Vacate $5 Million Punitive Damage Award

CLEVELAND - Defendants in a recently concluded Welding Fume multi-district litigation trial have asked the trial court to vacate the jury's $5 million punitive damage award, saying it is not warranted under relevant state law. Cooley v. Lincoln Electric Co., et al., No. 1:03-CV-17000 (N.D. Ohio).

The plaintiff, meanwhile, has asked the same court to add attorneys' fees and expenses to its net judgment of $5,787,500.

On Oct. 6, jurors in the U.S. District Court for the Northern District of Oho found that Iowa resident Curtis Cooley was entitled to $1.25 million in compensatory damages for defendants' failure to provide …