Caterpillar and General Electric Say Plaintiffs Not Following Court's Order

CLEVELAND - Caterpillar Inc. and General Electric Co. opposed the welding fume MDL plaintiffs' motion to add additional claims, saying the plaintiffs failed to assess whether the causes of action were viable under each case's applicable state law. In re: Welding Fume Products Liability Litigation. MDL No. 1535. Case No. 1:03-cv-17000 (N.D. Ohio).

On Dec. 2, the plaintiffs moved to add claims for aiding and abetting; tortious concert in action; joint and concurrent tortfeaser liability under state law; conscious/neglect misrepresentation involving risk of physical harm; and negligent performance of undertaking [See Story in Litigation Watch: Welding Fumes, December 2005].

Caterpillar …