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  1. Home
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  3. Monsanto MDL Judge Slams Experts’ ‘Low Quality’ Opinions

Monsanto MDL Judge Slams Experts’ ‘Low Quality’ Opinions

February 13, 2019 in In The News

Law360 | By Dorothy Atkins

A California federal judge Wednesday criticized the “low quality” of opinions offered by several plaintiffs’ expert witnesses proposed for an upcoming bellwether trial over multidistrict allegations that Monsanto’s Roundup caused cancer, saying the witnesses’ evidence is weak but that may not be enough to prevent their testifying.

During a daylong pretrial hearing in San Francisco, U.S. District Judge Vince Chhabria questioned the credibility of the plaintiffs’ specific causation experts, particularly as their testimony relates to plaintiff Edward Hardeman, who was diagnosed with non-Hodgkin’s lymphoma in 2015. The judge, however, said it’s not clear that their opinions fall “so far outside the range of acceptable possible opinions” that he should exclude them based on Ninth Circuit precedent.

“When you [consider] Ninth Circuit law, you come away with a pretty strong feeling that the Ninth Circuit is more tolerant of shaky expert opinions than other circuits,” Judge Chhabria said. “The Ninth Circuit ties trial judges’ hands more tightly than [others].”

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May 9, 2019
MDL
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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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