MDL Judge Denies Rule 12 Motions Without Prejudice

CLEVELAND -- The judge overseeing the Welding Rod Products Liability Litigation MDL has denied several defense motions to dismiss, finding that the defendants' arguments relied on matters outside the pleadings. In re: Welding Rod Products Liability Litigation, MDL Docket No. 1535 (N.D. Ohio).

However, in the April 4 opinion, Judge Kathleen M. O'Malley strongly urged the plaintiffs to be prepared to defend their allegations with sufficient evidence, threatening that their claims would not survive summary judgment motions should they fail to do so.

'At this juncture, the Court must accept all of the plaintiffs' allegations as true, even those that …