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September 5, 2023
in In The News

How Monsanto Attys Turned Roundup Trial Losses Into Wins

Law360 | By Jack Karp
Monsanto attorneys had been on a losing streak, racking up three California trial losses to the tune of more than $240 million combined over the purported cancer-causing effects of its Roundup weed killer. But then the company’s lawyers at Wilkinson Stekloff LLP, Proskauer Rose LLP, Bartlit Beck LLP, Covington & Burling LLP, Winston & Strawn LLP, Husch Blackwell LLP, Shook Hardy & Bacon LLP and others started winning, and in May they scored their seventh consecutive trial victory in a Missouri case.

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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.