Court Dismisses 23 Cases from Welding MDL for Failure to Prosecute

CLEVELAND - Presiding Judge Kathleen M. O'Malley has dismissed another 23 cases from the Welding Fume Products MDL in December, citing the plaintiffs' failure to prosecute. In re: Welding Fume Products Liability Litigation, No. 1:03-CV-17000 (N.D. Ohio).

Judge O'Malley entered the latest dismissal order on Dec. 29, citing the court's May 4, 2009, case management order requiring all plaintiffs to submit to medical records discovery and to obtain new counsel if existing counsel withdraws.

The judge said that plaintiffs in the 23 dismissed cases would have 60 days in which to obtain new counsel, pursuant to that 2009 order.

Liaison …