MDL Judge Finds Arkansas Defendants Fraudulently Joined, Denies Remand

CLEVELAND -- The federal judge overseeing the Welding Rod Products Liability Litigation MDL has issued an order denying remand in an Arkansas case, ruling that the plaintiff's failure to assert specific allegations against specific defendants constituted fraudulent joinder. In re: Welding Rod Products Liability Litigation, MDL Docket No. 1535 (N.D. Ohio).

On Jan. 12, Judge Kathleen M. O'Malley of the U.S. District Court for the Northern District of Ohio issued an order in which she proclaimed that in the future, remand motions in cases involving generic allegations against specific defendants will be denied.

'In cases where the plaintiffs have made …