Caterpillar Dismissed from Upcoming Trial after Emergency Petition Filed

JACKSON, Miss. -- Days after Caterpillar filed an emergency petition in the Mississippi Supreme Court seeking permission to appeal an order denying summary judgment, an agreed order dismissing the company with prejudice was filed, sources told HarrisMartin. Caterpillar Inc. v. Troy Smith, No. 2006-M-01678-SCT (Miss. Sup. Ct.).

The dismissal was entered on Oct. 5 by the Mississippi Circuit Court for Hinds County. The agreed order was filed three days after Caterpillar had called the trial court's decision to deny a motion to dismiss a 'dangerous departure' from settled law. The welding fume claims are set to proceed to trial on …