MDL Judge Remands 46 Mississippi Cases, Denies Remand in Louisiana Cases
May 24, 2004
Harris Martin Publishing

CLEVELAND -- The judge overseeing the welding rod products liability Multi District Litigation has remanded a total of 46 cases originally filed in Mississippi, ruling that the plaintiffs have stated at least one colorable cause of action against one or more of the non-diverse defendants. However, in the same order, Judge Kathleen M. O'Malley refused to remand seven Louisiana cases, which allege exposure to welding fumes at Naval shipyards in that state, after determining that the defendants had asserted a colorable defense of their own in removing the cases. In re: Welding Rod Products Liability Litigation, MDL Docket No. 1535 (N.D. Ohio).

In a follow-up to a recent order in which she remanded several pending Mississippi welding fume lawsuits to the state courts where they were originally filed, Judge O'Malley said in a Memorandum and Order issued May 21 that the plaintiffs in the 46 underlying Mississippi cases have provided a colorable, non-fraudulent basis for recovery against non-diverse distributors of welding products named in the lawsuits.

But just as the Mississippi plaintiffs have presented a colorable basis for their theories of recovery, Judge O'Malley stated, the defendants in seven additional Louisiana cases now before the MDL have also asserted a colorable federal defense in removing the cases under the military contractor defense.