Court Bars Sophisticated User, Assumption of Risk Defenses Before Welding Trial

CLEVELAND - The judge who is presiding over the latest bellwether trial in the Welding Fume Products MDL has filed an order memorializing rulings made during the court's final pretrial hearing. Street v. Lincoln Electric Co., et al., No. 1:06-cv-17026 (N.D. Ohio).

Judge Jack Zouhary signed the three-page order on Oct. 31, noting that the parties can raise the issues again at trial or on appeal.

The judge did not elaborate on any of his decisions, but referred to reasons provided during the Oct. 31 conference.

Trial is scheduled to begin the first week of November in the U.S. District …