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Jury Unanimously Rejects Plaintiff’s Failure-to-Warn Claims

Cleveland, OH and Washington, DC, November 26, 2008 – John Beisner, attorney for several current and former welding consumable manufacturers, today issued the following statement regarding the defense verdict in the Byers case, which was returned today after a three-week trial in the U.S. District Court, Northern District of Ohio, Eastern Division:

“We are extremely pleased with the defense verdict in this case and are gratified that this Cleveland jury has joined many other juries across the country that have already heard and rejected similar claims. The jury’s finding that the defendants did not distribute a product with a marketing defect confirms what these companies have been saying all along. This is an industry that has always worked to ensure the safety of welders, and is proud of its history of providing appropriate warnings and safety information with its products.

“Just as important as this verdict is the overall trajectory this litigation has taken over the past several years. This litigation has been marked by numerous dismissals, and there is an ongoing and sharp decline in the number of pending lawsuits. In the past three years, plaintiffs have moved to dismiss more than 4,000 cases in the MDL, upwards of 80% of their claims, and the total number of pending welding fume cases has dropped by over two thirds.

“In addition, plaintiffs have been forced to dismiss five trial-ready cases due to evidence of fraud, three of which plaintiffs themselves had selected for trial in the MDL.

“Welding consumable manufacturers have been unfairly targeted in these lawsuits and will continue to defend themselves vigorously against these baseless claims.”

Eric Kennedy of Weisman, Kennedy & Berris Co., LPA and Rick Sarver of Barrasso Usdin Kupperman Freeman & Sarver represented the defendants in this case.

For additional information about this litigation, please go to

Brandy Bergman / Cassandra Bujarski
Sard Verbinnen & Co

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