WELDING DEFENDANT WINS ANOTHER FEDERAL WELDING FUME TRIAL
Akron, OH and Washington, DC, May 27, 2010 – John Beisner, partner in the Washington office of Skadden, Arps, Slate, Meagher & Flom and attorney for several current and former welding consumable manufacturers, today issued the following statement regarding the defense verdict in the Mann case, which was returned today after a three-week trial in the United States District Court, Northern District of Ohio, in Akron, Ohio:
“We are pleased with this defense verdict which demonstrates, once again, that these claims cannot withstand jury scrutiny. Jurors who have heard these cases have overwhelmingly sided with the defendants. With today’s verdict, defendants have now prevailed in 25 of the last 30 cases tried.
“As the broader welding fume litigation has progressed, it has become abundantly clear that plaintiffs’ claims have no merit. Plaintiffs have dismissed thousands of claims in the federal MDL proceeding, and recently dismissed more than two-thirds of the MDL cases they had certified as trial-worthy. Moreover, plaintiffs have been forced to dismiss six cases in the advanced stages of trial preparation due to outright fraud.
“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 defendant in this case.
For additional information about this litigation, please go to www.weldinginfonetwork.com.
Brandy Bergman / Renee Soto
Sard Verbinnen & Co