Parties File Briefs Defending Claims, Attacking Expert Admissibility
January 15, 2008
DOCUMENTS
- Common Law Negligence Motion
- Common Law Negligence Opposition
- Common Law Negligence Reply
- Dr. Owens Motion
- Learned Intermediary Motion
- Learned Intermediary Opposition
- Learned Intermediary Reply
- Longo Motion
- Longo Opposition
- Negligent Misrepresentation Motion
- Negligent Misrepresentation Opposition
- Punitive Damages Motion
- Punitive Damages Opposition
- Punitive Damages Reply
CLEVELAND -- Two more rounds of briefing have taken place in an upcoming welding fume trial, with the plaintiffs opposing attempts to dismiss several of their claims and the defendants insisting that the sophisticated user doctrine is applicable. In re: Welding Fume Products Liability Litigation; MDL No. 1535; Jowers, et al. v. Airgas-Gulf States Inc., et al., No. 07-17010 (N.D. Ohio).
In a Jan. 4 opinion, Judge Kathleen M. O'Malley of the U.S. District Court for the Northern District of Ohio dismissed claims for aiding and abetting, acting in concert and negligent performance of an undertaking, noting that the plaintiff …
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