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