Discovery Failures Cited in Defense Motion to Dismiss 182 Cases

CLEVELAND - Defendants in the Welding Fume Products MDL have asked the presiding judge to dismiss 182 plaintiffs who allegedly have failed to comply with the court's discovery orders. In re: Welding Fume Products Liability Litigation, No. 1:03-CV-17000 [MDL Docket No. 1535] (N.D. Ohio).

"These plaintiffs have failed to provide fact sheets and/or Notices of Diagnosis as required by the Court's orders," defendants assert.

"Plaintiffs have had ample time to comply with discovery orders," they say.

Dismissal for such discovery lapses is a well-recognized outcome (National Hockey League v. Metro. Hockey Club (427 U.S. 639 [1976]), according to the defendants.