· 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 CourtListenerSourced 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.