Bayer Postpones High-Profile Roundup Trial Amid Settlement Talks
On the day that opening statements were set to begin, Bayer AG agreed to postpone a high-profile trial in Missouri over Monsanto Co.'s Roundup herbicide as it hammers out a possible global settlement of thousands of cases.
January 24, 2020 at 03:02 PM
3 minute read
On the day that opening statements were set to begin, Bayer AG agreed to postpone a high-profile trial in Missouri over Monsanto Co.'s Roundup herbicide as it hammers out a possible global settlement of thousands of cases.
"The continuance is intended to provide room for the parties to continue the mediation process in good faith under the auspices of Ken Feinberg, and avoid the distractions that can arise from trials," said Bayer in a statement, released minutes before opening statements were set to start. "While Bayer is constructively engaged in the mediation process, there is no comprehensive agreement at this time. There also is no certainty or timetable for a comprehensive resolution."
The postponement comes as Bayer is in talks to settle some of the 42,700 lawsuits brought across the country alleging that Roundup caused non-Hodgkin lymphoma, which is cancer in the lymph nodes. Judges in other lawsuits have postponed trials originally scheduled this month, and Bloomberg reported this week that Bayer was considering a global settlement of about $10 billion.
U.S. District Judge Vince Chhabria of the Northern District of California, who is overseeing about 2,700 lawsuits in multidistrict litigation in federal court in San Francisco, appointed Feinberg to mediate the talks.
Chhabria also has scheduled the second bellwether trial in the multidistrict litigation for Feb. 24 in San Francisco. In that case, Elaine Stevick alleges she used Roundup in her garden until 2014, when she was diagnosed with non-Hodgkin lymphoma. Her husband, Christopher Stevick, is bringing claims for loss of consortium.
The first bellwether trial ended in an $80 million verdict last year. Juries in separate state courts in Northern California also have awarded verdicts of $289 million and $2 billion in two other cases.
Bayer has appealed all the jury awards.
Michael Miller, of The Miller Firm in Orange, Virginia, who was lead counsel in the Missouri trial and whose firm is handling the federal bellwether case, did not respond to a request for comment.
Unlike the prior California trials, the case in St. Louis City Circuit Court involved four plaintiffs: Christopher Wade, Glen Ashelman, Bryce Batiste and Ann Meeks. Wade, Ashelman and Batiste claimed Roundup caused their non-Hodgkin lymphoma diagnosis, while Meeks is the widow of a man who died last year from the disease.
A consolidated trial upped the chances of a large verdict. In 2018, a St. Louis jury awarded $4.7 billion to 22 women alleging Johnson & Johnson's baby powder caused them to get ovarian cancer.
This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.
To view this content, please continue to their sites.
Not a Lexis Subscriber?
Subscribe Now
Not a Bloomberg Law Subscriber?
Subscribe Now
NOT FOR REPRINT
© 2024 ALM Global, LLC, All Rights Reserved. Request academic re-use from www.copyright.com. All other uses, submit a request to [email protected]. For more information visit Asset & Logo Licensing.
You Might Like
View All'Close Our Borders?' Senate Judiciary Committee Examines Economics, Legal Predicate for Mass Deportation Proposal
3 minute read'Serious Misconduct' From Monsanto Lawyer Prompts Mistrial in Chicago Roundup Case
3 minute readFrozen-Potato Producers Face Profiteering Allegations in Surge of Antitrust Class Actions
3 minute read'That's Not the Job' for the DOL: Crop of Suits Against Biden Administration
6 minute readTrending Stories
- 1Call for Nominations: Elite Trial Lawyers 2025
- 2Senate Judiciary Dems Release Report on Supreme Court Ethics
- 3Senate Confirms Last 2 of Biden's California Judicial Nominees
- 4Morrison & Foerster Doles Out Year-End and Special Bonuses, Raises Base Compensation for Associates
- 5Tom Girardi to Surrender to Federal Authorities on Jan. 7
Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
Featured Firms
Law Offices of Gary Martin Hays & Associates, P.C.
(470) 294-1674
Law Offices of Mark E. Salomone
(857) 444-6468
Smith & Hassler
(713) 739-1250