Parties Await Word on Whether 5th Circuit Will Order New Trial on Liability

NEW ORLEANS - Plaintiff Robert Jowers and welding products defendants have concluded briefing in their efforts to influence the 5th Circuit's decision on whether to order a retrial on liability as well as damages. Jowers, et ux. v. Lincoln Electric Co., et al., No. 09-60396 (5th Cir.).

Jowers submitted a reply brief on Oct. 11 in support of his cross-motion to reinstate the jury's punitive damages award and assessment of attorneys fees and costs, while Lincoln Electric and two other defendants continue to seek retrial on all liability issues, as well as damages.

On Aug. 26, a 5th Circuit panel …