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  3. Monsanto Points To Juror Hug As Bias In $80M Roundup Trial

Monsanto Points To Juror Hug As Bias In $80M Roundup Trial

July 9, 2019 in In The News

Law360 | By Hannah Albarazi

Monsanto told a California federal judge Monday that an unfair trial led to its $80 million loss in a Roundup bellwether trial, saying that a juror who recently wrote a letter urging the judge to preserve the award was seen hugging the plaintiff at a post-trial hearing.

Monsanto Co., owned by Bayer AG, said this juror, known as Juror #5, should not have become a juror as she had expressed potential bias against the agri-giant since before the trial. During the trial, Juror #5 also caused a fellow juror, who had allegedly made improper comments, to be excused from the trial, Monsanto told the court.

Since the $80 million verdict came down in March against Monsanto in favor of Ed Hardeman, finding the company liable for failing to warn that its popular Roundup weedkiller could cause cancer, Monsanto said Juror #5’s post-trial actions “further underscore her potential for bias, the necessity for the court to have conducted an investigation to verify her allegations about another juror, and the serious risk that Monsanto was deprived of its right to a fair trial.”

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January 2, 2020
HardemanMDL
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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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