MDL Court Grants Dismissal as Defendants Allege Fraud

CLEVELAND - U.S. District Judge Kathleen M. O'Malley has granted a motion by the plaintiff in a scheduled January trial to dismiss his case with prejudice after a hearing at which defendants cited online photos and deposition testimony to support allegations that his injury claims were fraudulent. Ray v. Lincoln Electric, et al., No. 1:04cv18252 [In re: Welding Fume Product Liability Litigation, MDL No. 1535] (N.D. Ohio).

Judge O'Malley's Jan. 14 signed order did not elaborate on the reasons given by Ernest Ray in his Nov. 2 motion that he 'no longer seeks to prosecute his individual claim . . …