Katie Stancombe for www.theindianalawyer.com

The 7^th Circuit Court of Appeals reinstated a claim filed by nearly 30 workers who argue a microwave popcorn plant failed to warn them of exposure during the manufacturing process to a butter flavor ingredient that has been linked to a disease known as “popcorn lung.”

The workers allege that exposure caused them to suffer from respiratory injuries related to the flavoring ingredient diacetyl while working at the ConAgra Snack Foods Group plant in Rensselaer. In Sept. 2017, Senior Judge Sarah Evans Barker granted summary judgment to the plant’s longtime supplier, Givaudan Flavors Corp., finding that the plaintiffs provided no expert testimony on the costs and benefits of a diacetyl-free butter flavor.

In Gregory Aregood, Jr. v. Givaudan Flavors Corporation, 17-3390, Givaudan faced several claims under Indiana product liability law for strict liability, failure to warn, negligence, and design defect. On appeal, the 7th Circuit Court found summary judgment for Givaudan to be proper on all counts, with the exception that the supplier failed to warn that its products contained a dangerous substance.

When inhaled, diacetyl can cause bronchiolitis obliterans or “popcorn lung” — the inflammation and obstruction of the smallest airways of the lungs. Symptoms include a dry cough, shortness of breath, wheezing, fatigue, and can lead to worse personal injuries.

On appeal, the employees focused on Givaudan’s manufacturing and supply of butter flavorings, its accompanying material safety data sheets, and the lack of warnings that the flavorings contained diacetyl. In order to show that the butter flavorings were defective under the Indiana Product Liability Act and to prevail on their failure to warn claim, the 7^th Circuit noted the plaintiffs needed show Givaudan had a duty to adequately warn about a latent dangerous characteristic. The 7^th Circuit found that the supplier failed to warn in that regard.

The 7^th Circuit also found that a jury could reasonably conclude that Givaudan knew of diacetyl’s dangers after several cases of bronchiolitis obliterans in the 1990s, as well as the need to protect its own employees and the users of its products.

“Viewing the evidence in the employees’ favor, and drawing justifiable inferences for them, a reasonable jury could conclude that Givaudan failed to discharge its duty to warn the plaintiff employees on the dangers of diacetyl,” the court concluded. “Thus, summary judgment should not have been granted to Givaudan on plaintiffs’ failure to warn claim.”

This fall, for the second consecutive year, the University of Southern Indiana welcomed a record number of graduate students to the University. Overall graduate enrollment stands at 1,449—an 11% increase over the previous year and following on the heels of a 22.5% increase the prior year. USI currently offers 13 master’s programs and two doctoral programs.

“We continue to develop academic programs that are relevant and remain responsive to not only our local and regional communities, but our international audiences as well,” said Dr. Ronald S. Rochon, president. “I’m excited by the possibilities that the success of our graduate programs offer. As we look to the future, we will continue to evaluate how we can best serve this growing and important segment of our campus community.”

The growth in graduate enrollment spans many of USI’s graduate programs, including a variety of concentration areas in the accelerated MBA program, accelerated 4+1 degrees in select areas, as well as full-time programs offered through all four of USI’s colleges.

“We continue to build on the successes we have seen across our graduate offerings,” said Dr. Mayola Rowser, director of Graduate Studies. “We are excited about new offerings like our recently launched Doctor of Education (EdD) as well as new formats for delivery that make our programs accessible to everyone, including busy working adults.”

USI also welcomes another strong freshmen class. As part of the 1,656 first-time-in-college students at USI this fall, the freshman class boasts an increased high school GPA of 3.39 on a 4.0 scale. “As we continue to focus on providing a quality education and adhering to a standard of excellence, we’ve seen a direct correlation in the caliber of students we are attracting to this University,” said Rochon.

Total USI enrollment remains steady for the 2018 fall semester at 11,021 which includes students in undergraduate and graduate degree programs and 2,059 students enrolled in USI’s College Achievement Program (CAP) classes in 29 high schools across Indiana. CAP has a long tradition of successfully enabling many students to graduate college in four years or less. Transfer enrollment was up this year at 519 students, a 4% increase over last year.

Students at USI represent 90 Indiana counties, 40 states and 70 countries. Out of state enrollment, including international students, makes up 18.5% of the student population, and minority and international students comprise more than 14%.