Calif. Appellate Court Reinstates Diacetyl Exposure Action, Finds Questions of Fact Exist as to Timeliness

LOS ANGELES — A California appellate court has reinstated a diacetyl exposure lawsuit against BASF Corp. and other corporate entities, ruling that a trial court erred in dismissing the action as untimely because issues of fact exist as to whether the plaintiff was aware of his lung disease and its alleged cause before November 2006.

On May 21, the California Court of Appeal, 2nd District, ruled that “the evidence is susceptible to more than one legitimate inference,” and that it is a question of fact for the jury to determine whether the information known to the plaintiff before November 2006 …