Bayer ‘encouraged’ by support from DOJ, states in Hardeman appeal
Legal Newsline | By Rich Peters
Bayer announced last week that at least 16 entities – including trade groups, several states and the federal government – are supporting the company’s appeal of a $25 million verdict in favor of plaintiff Edwin Hardeman, who alleged Roundup weedkiller caused his cancer.
Amicus briefs were filed in the U.S. Court of Appeals for the Ninth Circuit by the federal Department of Justice; the states of Nebraska, Idaho, Louisiana, North Dakota, South Dakota, Texas and Utah; the California Medical Association; California Dental Association; California Hospital Association; the U.S. Chamber of Commerce; Pharmaceutical Research and Manufacturers of America; and others.
The briefs argue a number of issues, including federal preemption, the admissibility of expert testimony, causation and punitive damages.