Plaintiffs Ignored Preemption Provision in Response, Defendants' Claim

CLEVELAND -- The plaintiffs in the welding rod product liability MDL ignored several court decisions ruling that the Hazard Communication Standard does in fact preempt state tort law, according to a reply brief filed recently by defendants in the litigation. In re: Welding Rod Products Liability Litigation, MDL 1535 (N.D. Ohio).

Filed March 31 in the U.S. District Court for the Northern District of Ohio, the brief refutes the plaintiffs' contention that the OSHA standards under which the Hazard Communication Standard was established cannot preempt state tort law.

Defendants Deloro Stellite Company Inc., General Electric Company, Select Arc Inc., and …