Defendants Cite New Jersey Decision as Reason to Deny Class Certification

CLEVELAND -- Defendants involved in the Welding Fume Products Liability Litigation have proffered a recent New Jersey decision in support of their opposition to a plaintiff request that the U.S. District Court for the Northern District of Ohio certify a medical monitoring class. In Re: Welding Fume Products Liability Litigation, MDL No. 1535 (N.D. Ohio).

In an Aug. 22 notice of supplemental authority, the defendants said that the Appellate Division of the Superior Court of New Jersey recently ruled that a medical monitoring class cannot be certified because there are too many individual variations among the class members.

According to …