MDL Judge Asks Ala. High Court for Guidance on Statute of Limitations

CLEVELAND - U.S. District Judge Kathleen M. O'Malley has asked the Alabama Supreme Court for a ruling on whether a six-year or two-year statute of limitations applies to damage claims by Alabama plaintiffs in the Welding Fume Products MDL. In re: Welding Fumes Products Liability Litigation, MDL No. 1535 (N.D. Ohio).

The questions arose in the case brought by Charles E. Jerkins Jr., whose scheduled trial in the U.S. District Court for the Northern District of Ohio has been delayed until the statute of limitations issue is resolved (Jerkins v. Airgas-Gulf States Inc., No. 1:04-cv-18810).

Judge O'Malley noted that the …