MDL Judge Denies Caterpillar's Request to Reconsider Denial of Rule 12 Motions

CLEVELAND -- The judge overseeing the Welding Rod Products Liability Litigation has denied a motion by welding rod defendant Caterpillar Inc. to reconsider the court's denial of motions to dismiss for plaintiffs' alleged failure to plead with particularity. In re: Welding Rod Products Liability Litigation, MDL Docket 1535 (N.D. Ohio).

In an order entered May 2 in the U.S. District Court for the Northern District of Ohio, Judge Kathleen M. O'Malley said that Caterpillar did not cite any change in controlling law or evidence that was previously unavailable.

'While the Court certainly does agree (and so stated in the …