Negligence Claims Dismissed Against Caterpillar in Alabama Lawsuit

BIRMINGHAM, Ala. -- A federal judge dismissed the one count of negligence asserted against Caterpillar, Inc. by Alabama plaintiffs in a welding rod lawsuit after it found that the Alabama Supreme Court has held that a defendant's participation in a trade association alone cannot impose liability on the defendant. Davis, et al., v. Lincoln Electric, et al., No. CV-04-BE-404-E (N.D. Ala.).

In an order issued May 24, the U.S. District Court for the Northern District of Alabama found that Caterpillar's only alleged liability stemmed from its role in the welding industry association, a claim not recognized under Alabama law. On …