Judge Denies Class Certification for Failure to Satisfy Typicality Requirement

CLEVELAND -- The judge overseeing the federal Welding Fume Products Liability Litigation MDL has refused to certify a medical monitoring class composed of steel workers and welders, saying the plaintiffs failed to satisfy the typicality requirement in seeking certification. In Re: Welding Fume Products Liability Litigation, MDL No. 1535; Steele v. A.O. Smith (N.D. Ohio).

In the 69-page opinion released Sept. 14, Judge Kathleen M. O'Malley of the U.S. District Court for the Northern District of Ohio opined that the differences in working environments and the defendants' alleged conduct precluded certification.

David Steele and 17 other plaintiffs filed the …