Ga. Court Denies Summary Judgment Sought by BASF and Other Diacetyl Defendants

LAWRENCEVILLE, Ga. — A Georgia judge has denied summary judgment sought by BASF Corp. and other defendants in a popcorn-flavoring case, saying they failed to show that the case was filed outside the statute of limitations.

Gwinnett County Judge Joseph C. Iannazzone also rejected defendants' contention that the suit was barred by judicial estoppel, saying in his April 25 order that plaintiff’s failure to disclose the workplace injury claim in a bankruptcy proceeding was cured through an amended pleading.

Judge Iannazzone also noted that because the bankruptcy trustee has abandoned his claim to any proceeds from this litigation, the issue …