MDL Judge Grants Next Trial Plaintiff's Motion to Dismiss Claims

CLEVELAND - The judge presiding over the Welding Fume MDL has granted the next trial plaintiff's motion to dismiss his claims with prejudice, after the defendants discovered that the plaintiff had concealed 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).

Judge Kathleen M. O'Malley of the U.S. District Court for the Northern District of Ohio granted Darwin and Melinda Peabody's motion on Aug. 17. In a July 31 order, Judge O'Malley instructed the Peabodys to decide whether to …