July 20, 2005

We reported on March 28 about the problem of fraudulent joinder and its use in the popcorn flavoring product liability suits to keep cases out of federal court. Sometimes the good guys win: on Monday, Judge Richard E. Dorr dismissed plaintiffs' claims against Missouri doctor Rick L. Scacewater, and rejected plaintiffs' attempt to remand the case to state court. "Plaintiffs have no real intention of prosecuting the action against [Dr. Scacewater and] there is no colorable claim against this resident defendant." Arthur v. International Flavors & Fragrances, Inc., No. 05-5011-CV-RED (W.D. Mo.).

Meanwhile, in state court, Kenneth Moenning won about $2.75 million from the manufacturers of the popcorn flavoring, who protest that they adequately warned Moenning's employer about the need for ventilation and worker protection. Unlike other popcorn plaintiffs, there was dispute over whether Moenning actually had bronchiolitis obliterans. (Jeff Lehr, "Jury favors popcorn worker", Joplin Globe, Jul. 20). And a new case has been brought in Montana. (Chelsi Moy, "Yatsko widow sues for 'popcorn lung'", Great Falls Tribune, Jul. 17).