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  3. Monsanto says $80M Roundup verdict was product of made-for-litigation testimony, asks judge to reconsider

Monsanto says $80M Roundup verdict was product of made-for-litigation testimony, asks judge to reconsider

June 5, 2019 in In The News

Legal NewsLine | By Dan Fisher

SAN FRANCISCO (Legal Newsline) – Monsanto has asked a federal judge to throw out an $80 million jury verdict over its Roundup herbicide, saying the plaintiff failed to present any admissible scientific evidence the product caused the plaintiff’s cancer. 

The unit of Bayer AG faces long odds before U.S. District Judge Vince Chhabria in San Francisco, who is overseeing thousands of similar lawsuits in the Roundup multidistrict litigation. Chhabria heard most of Monsanto’s arguments and rejected them already, ruling in a February order that while the plaintiffs’ scientific evidence was “shaky,” they had “barely inched over the line.”

Monsanto says plaintiff lawyers crossed that line by presenting expert testimony that violated the judge’s orders and improperly suggested to jurors that the plaintiff, Edwin Hardeman, had exposed himself to more than double the risk of contracting non-Hodgkin’s lymphoma by spraying Roundup when there was no credible evidence to support that conclusion. A doubling of the risk is considered sufficient in most courts for a jury to determine a substance more likely than not caused a plaintiff’s injury.

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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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