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  3. $2B Roundup Verdict Likely Won't Hold Up, Legal Pros Say

$2B Roundup Verdict Likely Won’t Hold Up, Legal Pros Say

May 15, 2019 in In The News

Law360 | Dorothy Atkins

On Wednesday, Monsanto’s counsel said they plan to challenge all three verdicts, noting that there are “jurors of scientists” around the world, including at the U.S. Environmental Protection Agency, who have reviewed the risks of Roundup’s active ingredient, glyphosate, and concluded that it’s safe.

The attorneys argued that the plaintiffs’ state failure-to-warn claims are preempted by the EPA’s finding and it would have been impossible for Monsanto to make changes to the Roundup label, because any changes would have been rejected by the EPA.

The attorneys also said the company plans to challenge the state judge’s decision to hold a single trial for both Alva and Alberta Pilliod, as well as the judge’s decision to exclude the EPA’s recent interim report on glyphosate from the trial, while allowing the Pilliods’ counsel to present evidence on the California EPA’s conclusions regarding glyphosate.

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January 2, 2020
PilliodRegulators
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Five-Point Plan to address potential future Roundup™ claims

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.

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