This Month's Roundup Trial Halted as Settlement Talks Continue
In an order on Thursday, U.S. District Judge Vince Chhabria vacated the March 23 trial date for the second federal bellwether trial over Roundup herbicide to give lawyers more time to negotiate a settlement of thousands of lawsuits.
March 05, 2020 at 05:25 PM
3 minute read
The second federal bellwether trial over Roundup herbicide, originally scheduled for March 23, is now on hold to give lawyers more time to negotiate a settlement of thousands of lawsuits.
In a Thursday order, U.S. District Judge Vince Chhabria of the Northern District of California vacated the trial, which would have been the second in the multidistrict litigation alleging Roundup caused non-Hodgkin lymphoma. A federal jury in the first bellwether trial last year awarded $80 million to a man who claimed he got the deadly cancer from exposure to Roundup, made by Monsanto, which is owned by Bayer AG.
Chhabria did not set a new date for the trial.
"The order will 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," Bayer said in a statement, referring to settlement master Kenneth Feinberg. "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 overall Roundup trial schedule remains fluid."
Plaintiffs lawyer Michael Miller, of The Miller Firm, who is co-lead counsel in the Roundup MDL, did not respond to a request for comment, nor did his co-lead counsel in the upcoming trial, Mark Burton of Audet & Partners.
In the case, plaintiff Elaine Stevick alleged she used Roundup in her garden until 2014, when she was diagnosed with non-Hodgkin lymphoma. Her husband, Christopher Stevick, had brought claims for loss of consortium.
The trial is the latest halted as both sides attempt to settle about 42,700 Roundup lawsuits. Judges delayed other trials planned in California state courts this year, and a Missouri state court trial involving four plaintiffs.
The talks follow additional jury verdicts last year of $289 million and $2 billion in California state courts.
In a separate order on Thursday, Chhabria also halted all other deadlines in the multidistrict litigation by another 35 days "at the request of the settlement master."
"However, the parties are notified that no further continuances will be granted," he wrote.
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