Court Reverses Ruling Allowing Joinder of 350 Welding Plaintiffs

ATLANTA -- A Georgia Court of Appeals has reversed a lower court ruling that allowed the joinder of 350 welding fume plaintiffs. Lincoln Electric Co., et al. v. Gaither, et al., No. A07A0177 (Ga. Ct. App.).

In a July 12 decision, the Third Division of the appellate court found that the plaintiffs' claims were similar, but were not based on the same course of events, therefore precluding joinder.

The decision comes two years after the trial court initially allowed the 10 welding fume cases with an estimated 350 plaintiffs to proceed. In its decision, the Fulton County Court said …