5th Circuit Panel Reaffirms Liability Verdict in Denying Rehearing

NEW ORLEANS - A 5th Circuit panel has reaffirmed its Aug. 26 holding that welding fume manufacturers are liable for injuries to Robert Jowers and denied a panel rehearing on that issue. Jowers, et ux. v. Lincoln Electric Co., et al., No. 09-60396 (5th Cir.).

However, the Circuit Court panel also said in its two-page order on Feb. 25 that Jowers' cross-motion to amend the court's earlier decision to order a new trial on damages was untimely.

On Aug. 26, the same 5th Circuit panel affirmed the verdict for Jowers on claims that the manufacturer defendants failed to properly warn …