Welding Fume Plaintiffs Say Defendants' Arguments Already Denied by MDL Court

CLEVELAND - In moving to strike Stoody Co.'s and Thermadyne Holding Corp.'s supplemental memoranda on Aug. 17, the welding fume plaintiffs said the defendants' arguments have already been denied by the U.S. District Court for the Northern District of Ohio. In re: Welding Fume Products Liability Litigation. MDL Docket No. 1535. Case No. 1:03-cv-17000 (N.D. Ohio.).

Stoody and Thermadyne filed an amended consolidated motion to dismiss on the pleadings on June 14, 2004. They filed a supplemental memorandum in March, listing 10 additional cases which had not previously appeared in the motion.

The Bowers plaintiffs contend the brief does …