Legal Opinion

Byers v. Lincoln Electric Co.

District Court, N.D. Ohio

Decided March 20, 2009No. Case 1:04-CV-17033PublishedCited by 12 opinions

1Opinion of the Court

MEMORANDUM & ORDER

KATHLEEN McDONALD O’MALLEY, District Judge.

This case is one of the approximately 2,600 pending cases that are a part of the Multi-District Litigation known as In re Welding Fume Products Liability Litigation, MDL No. 1535. As with all of the Welding Fume cases, the plaintiff in this case, Eddie Byers, is a welder who claims: (1) he inhaled fumes given off by welding rods; (2) these fumes contained manganese; (3) this manganese caused him permanent neurological injury and other harm; and (4) the defendants knew or should have known that the use of welding rods would cause…

2Cases cited33 opinions

  1. Adickes v. S. H. Kress & Co.Supreme Court of the United States · 1970
  2. Klaxon Co. v. Stentor Electric Manufacturing Co.Supreme Court of the United States · 1941
  3. Phillips Petroleum Co. v. ShuttsSupreme Court of the United States · 1985
  4. In Re American Medical Systems, Inc. Pfizer, Inc.Court of Appeals for the Sixth Circuit · 1996
  5. Rutherford v. Owens-Illinois, Inc.California Supreme Court · 1997

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3Cited by12 opinions

  1. Marye Wahl v. General Electric Co.Court of Appeals for the Sixth Circuit · 2015
  2. Cooley v. Lincoln Electric Co.District Court, N.D. Ohio · 2011
  3. In re Fresenius Granuflo/Naturalyte Dialysate Products Liability LitigationDistrict Court, D. Massachusetts · 2015
  4. Wahl v. General Electric Co.District Court, M.D. Tennessee · 2013
  5. Hale v. Enerco Group, Inc.District Court, N.D. Ohio · 2012

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