WELDING DEFENDANTS WIN SECOND FEDERAL WELDING FUME TRIAL
Defense Verdicts in First Multiple-Plaintiff Case Mark
Significant Victory for Defendants
Cleveland, OH and Washington, DC, November 30, 2006 – John Beisner, attorney for several current and former welding rod manufacturers, today issued the following statement regarding the defense verdicts in the Goforth and Quinn cases, which were returned today after a four-week joint trial in the United States District Court, Northern District of Ohio, Eastern Division, in Cleveland, Ohio:
“We are very pleased with these two defense verdicts. Even with the indisputable benefit of having two cases consolidated into one proceeding, the plaintiffs were unable to convince a jury of their claims. These cases simply cannot withstand juror scrutiny.
“Juries have now returned defense verdicts in 16 of 17 such cases brought to trial. Of the plaintiffs’ first seven MDL trial candidates, they have now lost three at trial and been forced to dismiss another three. Outside the MDL, even in typically pro-plaintiff jurisdictions, jurors continuously reject these claims. In fact, this is the third jury that has rejected plaintiffs’ claims in the past three weeks. On November 15, 2006, juries in Madison County, Illinois and Galveston County, Texas both returned defense verdicts in a matter of hours in the Haskell and Godwin cases.
“At this point, the plaintiffs are either losing cases at trial or dismissing them outright. In the last six months, they have dismissed over 2,000 cases around the country. The welding defendants have been unfairly maligned with these suits and should no longer have to spend time and resources defending against these baseless claims. That said, the welding industry has always worked to ensure the health and safety of its welders and until the plaintiffs decide to withdraw these claims – or are forced by the courts to do so – the defendants will continue to defend themselves vigorously against the remaining suits.”
Rick Sarver of Barrasso Usdin Kupperman Freeman & Sarver, LLC and Eric Kennedy of Weisman, Kennedy & Berris Co., L.P.A. represented the defendants in these cases.
For additional information about this litigation, please go to www.weldinginfonetwork.com.
Brandy Bergman / Lesley Bogdanow
Citigate Sard Verbinnen
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