Plaintiffs Must Try Peabody or Dismiss Case, MDL Judge Orders

CLEVELAND - The plaintiffs in the fourth MDL case set for trial must decide whether to try their case or have it dismissed with prejudice, the MDL judge has ordered, saying postponement due to plaintiff discovery abuses is not reasonable. 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).

On July 31, U.S. District Court for the Northern District of Ohio Judge Kathleen M. O'Malley said Darwin and Melinda Peabody have 14 days to decide whether to dismiss their case or resume preparation for trial, which …