Welding Fume MDL Judge Dismisses Caterpillar from All Cases

CLEVELAND -- The judge overseeing the Welding Fume Products Liability Litigation MDL has dismissed Caterpillar as a defendant in all of the pending cases, opining that the plaintiffs failed to produce sufficient evidence implicating the defendant in a conspiracy to conceal the dangers of welding fumes. In re: Welding Fume Products Liability Litigation, MDL No. 1535 (N.D. Ohio).

In a 54-page opinion issued Oct. 30, Judge Kathleen M. O'Malley of the U.S. District Court for the District of Ohio ruled that the plaintiffs' claims might have succeeded against Caterpillar as an employer, but their claims against the company as a …