MDL Judge Notifies Plaintiffs They Face Involuntary Dismissal

CLEVELAND - U.S. District Judge Kathleen M. O'Malley has notified plaintiffs in 10 cases that they cannot participate in tolling agreements while voluntarily dismissing their claims, and face dismissal for lack of prosecution. In re: Welding Fume Products Liability Litigation, No. 1:03-CV-17000 [MDL No. 1535] (N.D. Ohio).

In each case, Judge O'Malley of the U.S. District Court for the Northern District of Ohio vacated an earlier order allowing plaintiffs to voluntarily dismiss their claims after medical records discovery. The judge said defendants can move for dismissal after 60 days.

Judge O'Malley's Feb. 13 order follows a Jan. 7 Case Administration …