On January 4, 2019, Monsanto filed a motion for summary judgment and specific causation Daubert motions in the Hardeman, Stevick and Gebeyehou v. Monsanto Co. cases, each of which is pending in the MDL in the U.S. District Court for the Northern District of California before Judge Vince Chhabria. Monsanto argues in its brief that it is entitled to judgment in its favor in all of these cases because plaintiffs have failed to put forward reliable and admissible expert testimony on specific medical causation, which is essential to support their claims. In addition, Monsanto has urged the court to grant summary judgment because the claims in all of these cases are preempted by federal law and on several other grounds.
Monsanto also moved to exclude the testimony of plaintiffs’ proposed specific causation experts, Drs. Nabhan, Shustov, and Weisenburger, because their opinions – which rely on a similar and flawed differential diagnosis – fail to meet the scientific reliability requirements of Daubert.
Five-Point Plan to address potential future Roundup™ claims
Bayer announced a series of actions it plans to implement following the denial of the motion to preliminarily approve the Roundup™ class settlement agreement. The package of five legal and commercial actions is designed to help the company achieve a level of risk mitigation that is comparable to the previously proposed national class solution.