Ortiz v. Flavor and Extract Manufacturers Assn.
Oct 09, 2009OUTCOME: Dismissal of Paul's client
Paul represented one of several defendants in an ongoing "popcorn lung" case wherein 3 former employees of a food flavoring manufacturing plant claim that they each sustained bronchiolitis obliterans ( ... a severe, non-curable fixed obstructive lung disease requiring lung transplantation) as the result of their exposure to various chemicals utilized in making flavoring products, including diacetyl (the primary target chemical). Paul and another attorney who represented manufacturers of a non-diacetyl product pursuaded the court to allow their clients to engage in early exchange of expert witness information even though the remaining parties were precluded from doing so. After Paul noticed the deposition of plaintiffs' expert and gave notice of aggressive expert discovery yet to come, two of the plaintiffs dismissed the lawsuit against Paul's client. The third plaintiff settled for a nominal amount. Most of the more than dozen defendants (several of whom are non-diacetyl defendants) still remain in the case. After the dismissal of Paul's client, one of the defendants settled with 2 of the 3 plaintiffs for $3.49 million. The litigation is still active. (Updated March 2012.)
