Caterpillar Files Demurrer, Claims It 'Does Not Belong' in Welding Litigation

OAKLAND -- Caterpillar has filed a demurrer in the consolidated California welding rod litigation, claiming that it cannot be held liable for mere participation in a trade association, and that the plaintiffs have failed to plead with particularity. Welding Product Cases, JCCP No. 4368 (Calif. Super. Ct., Alameda Cty.).

In a brief filed May 9 in the Superior Court for Alameda County, Caterpillar says that no plaintiff has worked for the company or at a facility operated by the defendant, thus precluding their claims.

The defendant additionally argues that it cannot be held liable for participating as a member …