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The Supreme Court could soon decide whether to hear a legal battle that has the potential to upend a victory by a California landowner against Monsanto.
The Ninth Circuit affirmed a Roundup herbicide judgment on Friday in favor of the plaintiff, Edwin Hardeman, in a bellwether trial lawsuit. The panel held
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The Ninth Circuit affirmed a Roundup herbicide judgment on Friday in favor of the plaintiff, Edwin Hardeman, in a bellwether trial lawsuit. The panel held that the California Northern District Court properly ruled that the carcinogenic risk of glyphosate, the active ingredient, was known at the time the plaintiff was using Roundup.Â
The court unanimously determined that the plaintiffâs failure to warn allegations are not preempted by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and that the laws are equivalent and consistent. The court added, âbecause Monsanto could comply with both FIFRA and California law, FIFRA did not impliedly preempt Hardemanâs state failure-to-warn claims.âÂ
Bayer-owned Monsanto must now decide whether it wants the Supreme Court to weigh in on the legitimacy of a $25 million jury verdict.
Dewayne Johnson claims Monsanto has known for decades that Roundup is carcinogenic but didn’t disclose it for fear of disrupting its multi-billion dollar global business.
SAN FRANCISCO (CN) A Ninth Circuit panel upheld a federal jury verdict finding the popular weed killer Roundup caused a Bay Area man’s lymphoma, rejecting manufacturer Monsanto’s argument that federal law prevented it from including a warning on its product label.
In 2019, a six-person jury awarded Edwin Hardeman $75 million in punitive damages and $5 million in compensatory damages for past and future pain and suffering, finding years of Roundup use likely caused his non-Hodgkin lymphoma.