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May 2011

San Diego Team Prevails on Summary Judgment in Chemical Exposure Case

Partner Jason Meyer and Senior Counsel Todd Konold prevailed on a motion for summary judgment on behalf of Penta International Corporation in the Los Angeles Superior Court.  The Plaintiff alleged Penta supplied six different chemical flavoring products to the Plaintiff's employer, which the Plaintiff claims he used in making food flavoring products.  The court agreed with Penta's arguments in its motion for summary judgment that the Plaintiff's alleged exposure to these products did not and could not have caused his alleged lung injury, bronchiolitis obliterans.  This injury is sometimes referred to as "popcorn lung," which term was coined after several workers in microwave popcorn plants developed the illness.  The Plaintiff also sued several other manufacturers and suppliers of chemical products, including diacetyl and acetaldehyde, which are used in the manufacture of food flavorings. 

J. Todd Konold
Jason F. Meyer



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