MDL Defendants Move for Summary Judgment as Byers Trial Nears

CLEVELAND - The BOC Group and other defendants in the federal welding fumes multi-district litigation have moved for summary judgment on various causes of action raised by Eddie Byers in the bellwether case scheduled for trial beginning on Dec. 1. Byers v. Lincoln Electric Co., et al., No. 1:04-CV-17033 [MDL No. 1535; No. 1:03-CV-17000] (N.D. Ohio).

Defendants filed several summary judgment motions on Sept. 17, but have withdrawn a motion for summary judgment on Byers' design defect claim, which the plaintiff has agreed to dismiss.

In separate motions, defendants asked MDL Judge Kathleen M. O'Malley to award summary judgment on …