MDL Court Allows Defendants to Choose Next Bellwether Trial

CLEVELAND - U.S. District Judge Kathleen M. O'Malley has modified the procedure for choosing bellwether cases for trial and will allow defendants, rather than the court, to choose the case to be tried in September 2009. In re: Welding Fume Products Liability Litigation, No. 1:03-CVB-17000 [MDL Docket No. 1535] (N.D. Ohio).

In the same memorandum issued on Oct. 8, Judge O'Malley ordered plaintiff and defense counsel to confer and submit to the court a case-specific discovery timetable for the six welding fumes cases expected to be added to the court's trial schedule after the court's next trial, which is to …