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  3. In seeking to reverse $2 billion jury verdict, Monsanto says plaintiffs' counsel misconduct was 'egregious and rampant'

In seeking to reverse $2 billion jury verdict, Monsanto says plaintiffs’ counsel misconduct was ‘egregious and rampant’

July 10, 2019 in In The News

Northern California Record | By Rich Peters

Monsanto bolstered its argument that a jury trial resulting in a $2 billion verdict in May was tainted by misconduct in briefs filed Tuesday calling for a new trial or judgment notwithstanding verdict (JNOV).

The new filings support last month’s post-trial motions in the case of Alva and Alberta Pilliod, the Bay Area couple that claims that Roundup was a substantial factor in causing their non-Hodgkins lymphoma (NHL).

In seeking a new trial, Monsanto identifies what it believes was improper conduct by the Pilliods’ legal team.

“First…the misconduct was egregious and rampant,” states the brief filed in Alameda County Superior Court. “Second, the misconduct persisted despite sustained objections and repeated admonishments from the Court. Even Plaintiffs admit the Court had to ‘rein in Counsel when he got heated during rebuttal.’ Third, the atmosphere of the trial was unnecessarily theatrical, with celebrity appearances in the courtroom and counsel’s dramatic demonstrations in which he pretended to be fearful of a Roundup bottle that he knew only contained water. Finally, counsel’s misconduct actually prejudiced the jury, as demonstrated by the excessive punitive damage verdict, which bears no relationship to the evidence or the compensatory damages.”

Click here to read more

January 2, 2020
JCCPPilliod
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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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