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  3. The risk of absolute product liability

The risk of absolute product liability

October 16, 2020 in In The News

Daily Journal | Glenn Lammi

The California Supreme Court will soon decide whether to review Johnson v. Monsanto, a product-liability case that spawned tens of thousands of similar lawsuits. In Johnson, the California Court of Appeal affirmed that the manufacturer of Roundup, an herbicide containing glyphosate, was liable for plaintiff Dewayne Johnson’s non-Hodgkin’s lymphoma. Among the many reasons the court should grant Monsanto’s petition, one stands out as especially critical for both manufacturers and consumers. The appeals court’s standard for reviewing the jury’s failure-to-warn decision threatens to transform traditional product liability into absolute liability.

Click here to read more.

November 10, 2020
Johnson
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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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