Missouri Court Defers Weighing in on Timeliness Challenges to Diacetyl Suit

CARTHAGE, Mo. –– A Missouri federal court has denied a defendant’s motion to dismiss a diacetyl exposure suit, saying that while the state’s Workers’ Compensation Law prior to 2005 may apply to the plaintiffs’ claims, there is not enough evidence at this stage in the litigation to make that determination.

In the Aug. 13 opinion, the U.S. District Court for the Western District of Missouri opted not to address the merits of the case, but found that the plaintiffs had “pled enough to survive the motion to dismiss and the Defendant’s arguments go beyond the face of Plaintiffs’ complaint.”

The …