Plaintiffs Oppose Dismissal of Conspiracy Claims, Call the Motion 'Broad'

CLEVELAND -- Calling it a "broad, non-specific motion," MDL plaintiffs have opposed Caterpillar's motion to dismiss all conspiracy claims, saying it would wrongfully require the court to examine law in all 50 states. In re: Welding Fume Products Liability Litigation, MDL No. 1535 (N.D. Ohio.).

A response filed March 23 in the U.S. District Court for the Northern District of Ohio also notes that plaintiffs' conspiracy claims fall into two separate and distinct categories -- conspiracy under Restatement, Second, Torts §876(a) and aiding and abetting under §876(b).

"Plaintiffs believe that negligence can be the underlying tort, sufficient to sustain both …