MDL Defendants Ask Court to Dismiss La. Plaintiff's Monitoring Case

CLEVELAND - Defendants in the federal welding products multi-district litigation have asked the presiding judge to dismiss an amended complaint seeking medical monitoring for Louisiana welders, arguing that it fails to state a viable claim. McCairo v. Lincoln Electric Co., et al., No. 1:05-CV-17727 [In re: Welding Fume Products Liability, No. 1:03-CV-17000] (N.D. Ohio).

Attorneys for Lincoln Electric Co. and others moved on Nov. 17 to dismiss the amended complaint filed on Nov. 6 by Louisiana resident Compton McCairo Jr., asserting that Mr. Louisiana law, which would apply, doesn't allow for medical monitoring absent some showing of present injury, which …