Amicus Letters Filed in California Supreme Court in Support of Monsanto’s Petition for Review of Johnson Case
Monsanto filed a petition with the highest court in California seeking its review of the decision in Dewayne Johnson v. Monsanto Company, the first case in the Roundup™ litigation to go to trial. Monsanto asserts in the petition that the Court of Appeal’s recent decision warrants review because it conflicts with the law and longstanding legal principles with regard to federal preemption, design defect, failure to warn and punitive damages.
Bayer announced that it is in agreement with counsel representing the proposed Roundup settlement class on their decision to withdraw the pending motion for preliminary approval of the parties’ issue class agreement.
Bayer issued the following statement today in response to motions to intervene filed in Rural Coalition et al. v. U.S. Environmental Protection Agency et al. and a parallel case brought by the Natural Resources Defense Council, cases which challenge EPA’s Interim Registration Review Decision on glyphosate. Monsanto filed this motion and this one alongside 10 associations, which represent a substantial segment of U.S. agriculture and other professions that utilize and rely on glyphosate, and these parties have jointly requested to intervene in support of the EPA in these cases before the U.S. Ninth Circuit Court of Appeals.
Bayer issued the following statement today in response to motions to intervene filed in Rural Coalition et al. v. U.S. Environmental Protection Agency et al. and a parallel case brought by the Natural Resources Defense Council, cases which challenge EPA’s Interim Registration Review Decision on glyphosate. Monsanto filed this motion and this one alongside 10 associations, which represent a substantial segment of U.S. agriculture and other professions that utilize and rely on glyphosate, and these parties have jointly requested to intervene in support of the EPA in these cases before the U.S. Ninth Circuit Court of Appeals.
“We’ve made progress in the Roundup mediation discussions, but the COVID-19 dynamics, including restrictions imposed in recent weeks, have caused meeting cancellations and delayed this process as Ken Feinberg noted, much as they have for many business activities, U.S. court proceedings and more. As a result, the mediation process has significantly slowed, and realistically, we […]
Opening Brief Argues Preemption, Lack of Evidence to Support Liability, Causation and Punitive Damages, Failure to Sever Cases, Admission of Irrelevant and Prejudicial Evidence, and Pervasive Misconduct by Plaintiffs’ Counsel Whippany, N.J., February 10, 2020 – In its opening appeal brief, Monsanto urged the California Court of Appeal to reverse the verdict in Pilliod v. Monsanto because […]
EPA’s Interim Registration Review Decision Follows Agency Letter to Registrants and the U.S. Government’s Amicus Filing in Hardeman Case That Also Support Glyphosate’s Safety Whippany, N.J., January 31, 2020 – Bayer said today that the U.S. Environmental Protection Agency’s favorable conclusion about the safety of glyphosate in its Interim Registration Review Decision, based on the agency’s […]
WHIPPANY, N.J., December 23, 2019 –Bayer said today that six amicus briefs were filed in its appeal of the Hardeman case before the Ninth Circuit Court of Appeals, representing 16 public, professional, trade and commercial entities. The briefs make arguments on a range of issues including federal preemption, Daubert standards, and the admissibility of expert […]
Says State Failure-To-Warn Claims Are Preempted; Court Made Reversible Errors Dealing With Causation Whippany, N.J., December 16, 2019 – Monsanto told the Ninth Circuit Court of Appeals in its opening appeal brief that the verdict in Hardeman v. Monsanto should be reversed because the failure-to-warn claims at the center of the case are preempted by federal […]
Bayer today provided an update on its five-point plan to address future Roundup™ litigation risk after its May 27th decision to withdraw from the national class process. The company is now in more control of important aspects of the risk mitigation process and has sketched out two basic scenarios going forward to provide a path to closure of this litigation. The first scenario is based on obtaining a favorable decision by the United States Supreme Court on a cross-cutting issue like federal preemption which would effectively and largely end the U.S. Roundup™ litigation. The second scenario assumes that the Supreme Court either declines to hear the Hardeman case or issues a ruling in favor of plaintiff – in that case the company would activate its own claims administration program.
Read about the five-point plan here.