MDL Judge Denies Motion to Dismiss Mississippi Plaintiffs' Claims

CLEVELAND - On Dec. 5, the welding fume MDL judge denied Nordan Smith's 14 motions to dismiss cases brought by Mississippi plaintiffs, concluding that the plaintiffs had previously stated a 'colorable, non-fraudulent, basis for recovery.' In re: Welding Fume Products Liability Litigation. MDL No. 1535. Case No. 1:03-cv-17000 (N.D. Ohio).

Judge Kathleen M. O'Malley of the U.S. District Court for the Northern District of Ohio said Nordan Smith had argued that claims asserted against the company were premised on its role as a distributor of welding rods, but that Mississippi product liability law states that 'mere conduits' of a product …