Defendant Asks to Send Sophisticated User Question to S.D. High Court

CLEVELAND - Facing a new trial after a federal court overturned a defense verdict, Lincoln Electric has asked a federal judge to send the question of whether the state would accept a "sophisticated user" defense to the South Dakota Supreme Court. Mann v. Airco/The BOC Group Inc., No. 1:06-CV-17288 [In re Welding Fumes Products Liability Litigation, MDL No. 1535] (N.D. Ohio).

Lincoln filed its reply brief with the U.S. District Court for the Northern District of Ohio on Dec. 8, completing briefing on the issue.

District Judge David D. Dowd Jr. granted David Mann's motion for a new trial on …