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Law.com

Paraquat Cases Pivot to Trial, Possible Multidistrict Litigation

The legal fight over the herbicide paraquat is coming to a head, with the first trial set to begin next week. On Thursday, the U.S. Judicial Panel on Multidistrict Litigation plans to hear arguments on whether to coordinate more than 70 lawsuits brought against Chevron and Syngenta over the herbicide.
6 minute read

Texas Lawyer

Litigating COVID-19 Deaths? Take Note of This Defense

Tyson Foods Inc. argued the case should be in federal court because its two Texas meatpacking facilities operated as designated "critical infrastructure" by federal agencies and even then-President Donald Trump.
4 minute read

The Recorder

Judge Appears Hesitant to Approve $2 Billion Roundup Class Settlement

U.S. District Judge Vince Chabbria told the lawyers Wednesday he viewed the settlement as consisting of two distinct classes with separate concerns: class members who have been exposed to Roundup but not been diagnosed with non-Hodgkin lymphoma, and class members who have been diagnosed with non-Hodgkin lymphoma after being exposed to Roundup but don't have lawyers.
8 minute read

The Recorder

'Outer Limits' of Due Process: Monsanto Loses Appeal of Roundup Verdict in 9th Circuit Ruling

The first federal appeals court to review a Roundup case delivered a sharp rebuke to the pesticide maker, upholding a $25.3 million award, including $20 million in punitive damages. The panel, which ruled on a 2-1 vote, also said plaintiffs' state law claims were not preempted by federal law.
7 minute read

The Recorder

'This Settlement Will Kill People': Objectors Persist in Critiques of Roundup Class Action Accord

An April 30 supplemental brief was filed for 93 law firms and 167 lawyers objecting to the $2 billion settlement. Public Justice and Public Citizen filed their own supplemental briefs, focused on several issues, including the release of punitive damage claims. An approval hearing is set for May 19.
5 minute read

National Law Journal

Monsanto Fires Back at 'Inflammatory Rhetoric' Over Roundup Appeal

Monsanto fired back Wednesday at what it called "inflammatory rhetoric" that it paid a Roundup plaintiff to bring an Eleventh Circuit appeal of a favorable ruling on federal preemption. In an opposition filed in court, its lawyer accused lead plaintiffs attorneys of considering a similar "high-low settlement" in another Roundup case now before the Ninth Circuit.
7 minute read

Law.com

Monsanto 'Bought and Paid For' Appeal on Preemption, Plaintiffs Lawyers Say

Plaintiffs attorneys that got Roundup verdicts have accused parent company Bayer of paying its opponent in a Georgia case to appeal a favorable federal preemption ruling to the U.S. Court of Appeals for the Eleventh Circuit. Bayer, which has raised federal preemption arguments in other Roundup appeals in California, defended its actions as transparent and the settlement as appropriate.
7 minute read

Litigation Daily

Bayer's Potential Path to Get Federal Preemption Arguments in Roundup Cases Before SCOTUS Just Got a Bit Wider

The company has already argued one appeal in the Ninth Circuit claiming that it had no duty to warn Roundup users about cancer risks since federal law governs herbicide labeling. A Georgia doctor whose state law failure to warn claims were tossed on federal preemption grounds is now appealing in the 11th Circuit.
4 minute read

Law.com

Lawyers Revising Roundup Settlement as Approval Hearing Looms. Plus: Are Essential Production Facilities 'Federal Officers" During Pandemic?

Lawyers who crafted the $2 billion class action settlement with Bayer to resolve future claims over Monsanto's Roundup have fired back at a host of objectors, defending a settlement they say that "will save lives."
6 minute read

Delaware Law Weekly

Mountaire Pollution Settlement Means Big Payout for Class Attorneys, Bigger Win Expected in Federal Court

Delaware Superior Court Judge Craig A. Karsnitz approved putting $16.25 million of the settlement amount toward the plaintiffs' attorney fees and litigation expenses.
4 minute read

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