Defendants: Peabody Case Should be Dismissed if Not Tried Next

CLEVELAND - In replying to the plaintiffs' opposition to their motion for an order to re-open discovery in the fourth MDL trial plaintiffs' case, the defendants say that if the case is not tried, it should be dismissed because it was discovered that the plaintiff lied about his history of drug and alcohol abuse. In re: Welding Fume Products Liability Litigation. MDL No. 1535. Case No. 1:03-cv-17000; Peabody v. AIRCO Inc., et al. No. 1:05-cv-17678 (N.D. Ohio).

In their July 11 reply brief filed in the U.S. District Court for the Northern District of Ohio, the defendants say Darwin Peabody's …