Plaintiffs' Post-1985 Failure to Warn Claims Fail Under Hazard Communication Preemption, Motion Claims

CLEVELAND -- Four defendants in the pending welding rod multi-district litigation moved to dismiss plaintiffs' post-1985 failure-to-warn claims because they are precluded by the Hazard Communication Standard preemption. In re: Welding Rod Products Liability Litigation, MDL 1535 (N.D. Ohio).

Defendants Deloro Stellite Company Inc., General Electric Company, Select Arc Inc., and National Electrical Manufacturers Association on Jan. 21 filed the motion in the U.S. District Court for the Northern District of Ohio. The MDL defendants assert that the Hazard Communication Standard prohibits any court from enforcing a requirement relating to how manufacturers and employers evaluate and communicate the potential hazards …