Ala. Defendants Support Recent Dismissal of Negligence Claims

CLEVELAND -- Caterpillar and General Electric have filed a brief in support of a district court order dismissing negligence counts against them, arguing that it is well established that Alabama law precludes a claim of negligence based solely on a defendant's participation in a trade organization. In re: Welding Rod Products Liability Litigation; Davis, et al., v. Lincoln Electric, et al., MDL 1535 (N.D. Ohio).

The response to plaintiffs' motion to vacate was filed July 12 in the U.S. District Court for the Northern District of Ohio, the transferee court. The motion to vacate fails, according to the defendants, simply …