MDL Judge Explains Trial Rulings on Expert Testimony and Other Motions

CLEVELAND - U.S. District Judge Kathleen M. O'Malley has filed a 33-page memorandum explaining various oral evidentiary rulings during a recent welding fumes trial that resulted in a $5,787,500 judgment for the plaintiff. Cooley v. Lincoln Electric Co., et al., No. 1:05-CV-17734 [MDL No. 1535] (N.D. Ohio).

The judge filed the Memorandum and Order on March 10, detailing rulings that, in some cases, limited expert testimony during the trial of claims by Curt Cooley against Lincoln Electric Co., Hobart Brothers Co., ESAB Inc. and BOC Group Inc.

Judge O'Malley first addressed her trial decision, on a motion by plaintiff, …