Stephen Harburg, partner in the Washington office of Skadden, Arps, Slate, Meagher & Flom LLP and attorney for several current and former welding consumable manufacturers, today announced that the Court overseeing the federal multidistrict litigation (“MDL”) in Cleveland, Ohio, has dismissed the Ray case, which was slated to be tried in the MDL court this month. Plaintiffs were forced to move to dismiss the Ray case after plaintiff’s claims of severe disability were refuted by Internet photos discovered by defendants that showed plaintiff competing in high-speed powerboat races. In addition, discovery revealed numerous other discrepancies between Mr. Ray’s sworn testimony and the factual record.
“This latest development is more disturbing than it is surprising”
“This latest development is more disturbing than it is surprising,” stated Mr. Harburg. “Over the past four years, a pattern of fraudulent and meritless claims has defined this litigation, culminating most recently with the Ray case. This is the sixth trial-ready case plaintiffs have been forced to dismiss due to fraud uncovered by the defendants.”
In 2006, after defendants discovered fraud in the Morgan case -- one of the plaintiffs’ first handpicked MDL trial candidates -- the Court implemented a new case evaluation process to ensure that only “trial-worthy” cases were brought to the later stages of litigation. This process, which required medical records collection and a certification by plaintiffs’ attorneys that cases were trial-worthy, prompted plaintiffs to dismiss thousands of cases. And in June 2009, after defendants raised questions about the cases plaintiffs were certifying under this procedure, plaintiffs dismissed 29 of the 43 cases they had selected as trial-worthy.
Mr. Harburg continued, “While the Ray case had no merit and should never have been brought before the Court in the first place, we find it deeply troubling that it was able to make it to such an advanced stage of trial preparation. The fraud was ‘caught’ not by plaintiff's counsel, who had certified the case, but by defendants, and occurred months after the extensive re-review and decertification of previously certified cases which occurred in June of last year.
“The fact remains that over the last several years, thousands of plaintiffs have abandoned their claims. The total number of welding fume claims has dropped by over 80 percent, and there are 85 percent fewer cases in the MDL. The defendants are confident they will ultimately prevail in these cases, and will continue to try those cases not dismissed on other grounds. Ensuring the health and safety of welders has always been a top priority of the defendants and they have been unfairly targeted in these baseless lawsuits.”
For additional information about this litigation, please go to www.weldinginfonetwork.com.
Popular Articles
-
The 5S Method In a metal manufacturing setting, the Kaizen 5S framework, which is a series of five Japanese words beginning with the lette...
-
Welding has been around for centuries, though not in the forms most commonly used today. One of the first welding processes ever used was kn...
-
Gas welding is also known as Oxy-fuel welding or oxyacetylene welding used for cutting arc processes with the help of gases and oxygen to we...
-
Pipeline welding jobs enable welders to join sections of pipe for a living. This demand for welded pipes, creates employment. Let's get ...
-
The demand for welders is growing quickly because the increase in industrial manufacturing has caused a corresponding increase in the need f...
-
Welding has been going on for a number of millennia, from the Bronze Age and Iron Age in Europe and the Middle East and as you would expect,...
-
Canadian Siborg Systems Inc. and Brazilian, San Paulo based Unicoba have agreed to jointly market Smart Tweezers LCR-meter and LCR-Reader i...
-
The discovery of arc welding, since the 1800s, has been the one of main driving forces in the development of steel and metal production in t...
-
Baker’s Gas and Welding Supplies Inc., a welding equipment and supplies distributor in business since 1936, announces the launch of its onli...
-
HICKORY, NC - In an era dominated by constant technological and economic change, it is rare to find a technologically based company that has...
0 comments: