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· 3/20/2009

Byers v. Lincoln Electric Co.

Citations

  • 607 F. Supp. 2d 840
  • 2009 U.S. Dist. LEXIS 34634
  • 2009 WL 931382

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the place with the longest time period of manganese welding fume exposure \pointed strongly\ to finding that it was place of injury
  • noting that Ohio’s choice-of-law principles regard the place of injury as “the most important” factor
  • stating that direct filing of complaint in Ohio MDL court, pursuant to court order on direct filing, required application of Ohio’s choice-of-law rules
  • stating, without further analysis, that because the plaintiff “filed his complaint directly in this Court ..., the choice-of-law principles of Ohio,' the forum state, govern the Court’s analysis”
  • applying Texas substantive law in a tort action based on exposure to welding fumes because, although plaintiff had welding jobs in numerous states, \the vast majority of his welding jobs were in Texas\
  • noting some states adhere to contributory negligence while others follow comparative negligence

Source: CourtListener parenthetical corpus (CC0).

Judges: Kathleen McDonald O'Malley

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.