Judge to Plaintiffs: Designate Duke Power Case for Trial or Face Dismissal

CLEVELAND -- While the judge overseeing the Welding Fume Products Liability Litigation MDL denied a motion made by defendants to immediately dismiss the remaining Duke Power welding fume cases, she has asked the plaintiffs to either designate one of the cases for a third trial slot this year or face dismissal without prejudice. In Re: Welding Fume Products Liability Litigation, MDL No. 1535; Beheler v. Lincoln Electric, et al., No. 06-17204; Carriker v. Lincoln Electric, et al., No. 06-17205; Steelman v. Lincoln Electric Co., et al., No. 06-17206 (N.D. Ohio).

On Jan. 7, Judge Kathleen M. O'Malley of the U.S. …