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  3. Bayer ‘encouraged’ by support from DOJ, states in Hardeman appeal

Bayer ‘encouraged’ by support from DOJ, states in Hardeman appeal

December 30, 2019 in In The News

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.

Click here to read more

January 3, 2020
HardemanNinth CircuitRegulators
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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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