Nordan Smith Moves to Dismiss MDL Plaintiffs' 'Insufficient' Liability Claim

CLEVELAND - Nordan Smith moved to dismiss the MDL plaintiffs' liability allegations against it on Sept. 13 in the U.S. District Court for the Northern District of Ohio, saying the claims are insufficient because the company only sold welding products to the plaintiffs' employers. In re: Welding Fume Products Liability Litigation. MDL No. 1535. Case No. 03-cv-17000 (N.D. Ohio).

The plaintiffs say Industrial Welding Supplies of Hattiesburg, d/b/a Nordan Smith, is liable because it distributed welding consumables to their employers. Nordan Smith said this allegation fails under the Mississippi Code Annotated, which says that 'a defendant whose liability is based …