Defense Files Writ in Texas High Court Over Welding Fume Retrial

AUSTIN, Texas -- Defendants have asked Texas' highest court to review a recent order granting a new trial in a welding fume case that ended in a defense verdict. In re: The Lincoln Electric Co., et al., No. 05-1095 (Texas Sup. Ct.).

The writ of mandamus was filed Dec. 29 in the Texas Supreme Court by Lincoln Electric Co., Hobart Brothers Co. and TDY Industries.

The defendants were forced to seek relief from the high court after the Fourteenth Court of Appeals determined on Nov. 23 that the defendants had not established that they were entitled to mandamus relief from …