From the desk of Robin McCall; 8/10/2021
As I’m sure you’ve heard, yesterday the California Court of Appeal ruled in favor of the Pilliods and rejected Monsanto’s request for immunity based on federal preemption and upheld their reduced verdict of $86.7 million.
Statement from R. Brent Wisner, Co-Lead Trial Counsel for Johnson v. Monsanto and Pilliod et al., v. Monsanto.
“Monsanto-Bayer has now lost every appeal, and for good reason. The trials were based on good law and good science. Today, the California Court of Appeal fully affirmed the Pilliod verdict. It rejected Monsanto’s request for immunity based on federal preemption and upheld the an historic $86.7 million judgment, which included punitive damages. The Court confirmed that there was substantial evidence that Monsanto ‘acted with a willful and conscious disregard for the safety of others in its efforts to shape the scientific inquiry into glyphosate and Roundup,’ and that Monsanto’s conduct was ‘reprehensible.’ This is a major triumph for the Pilliods and plaintiffs everywhere. Monsanto needs to pull its head out of the sand and Roundup off the shelves now.”
You can read the order here: https://www.baumhedlundlaw.com/documents/Pilliod-Appellate-Order.pdf
Director of Public Relations
May 21, 2021 from Children’s Health Defense
Bayer’s share price crashed over 4% on Thursday after Judge Vince Chhabria of the U.S. District Court for the Northern District of California threw out their attempted $2 billion deal to settle future cancer claims against their top selling glyphosate-based herbicide, Roundup.
Bayer reacted by stating Thursday: “While the company will remain in the residential lawn and garden market, it will immediately engage with partners to discuss the future of glyphosate-based products in the U.S. residential market, as the overwhelming majority of claimants in the Roundup litigation allege that they used Roundup Lawn and Garden products.”
In a brief order that addresses what the judge called only “the most glaring flaws” of the deal, Chhabria turned aside the complicated agreement, the second time he’s shot it down, Bloomberg reported Thursday. The rejected settlement is part of a broader $11.6 billion agreement to resolve Roundup lawsuits in the U.S. from about 125,000 consumers and farmers.
May 17, 2021 from Carey Gillam at US Right to Know
In a blow to Monsanto owner Bayer AG, a federal appeals court shot down the company’s argument that federal regulatory backing of the company’s herbicides preempts claims made by cancer patient Edwin Hardeman.
Bayer’s primary hope since losing all three trials held so far is to obtain a U.S. Supreme Court finding that the U.S. Environmental Protection Agency’s approval of its products under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) essentially bars complaints that Monsanto didn’t warn of any cancer risk with its herbicides.
“It’s a dead duck in the water,” Hardeman lawyer Aimee Wagstaff said of the preemption defense. “They need to let that one go.” Read the latest in the Roundup Trial Tracker.
A loss for transparency and public health: In U.S. Right to Know v. University of Vermont, the Vermont Supreme Court denied our request to obtain, via the Vermont Public Records Act, a professor’s emails about the food industry lobby group International Life Sciences Institute (ILSI).
Read more about how ILSI operates as a food industry lobby group.
New documents posted: 5,691 new documents on food and beverage companies are posted in the UCSF Food Industry Documents Library. The documents, including some donated by U.S. Right to Know, shed light on how corporations like Coca-Cola partner with academics and researchers on obesity, nutrition and exercise.
More public health and food news of the week:
- Study finds alarming levels of ‘forever chemicals’ in US mothers’ breast milk — The Guardian
- Glyphosate impairs insect immune systems, study suggests – EurekAlert
- U.K. unveils junk food ad ban online to help curb obesity – Bloomberg
- Chemical giants hid dangers of ‘forever chemicals’ in food packaging — The Guardian
- Mexican court strikes down Bayer’s legal challenge over glyphosate ban — Reuters
- How biotechnologies are shaping Kenya’s food ecosystem – The Elephant
- As Bayer Monsanto Roundup settlement hearing nears, Professor Coffee twists the kaleidoscope – Corporate Crime Reporter
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For our right to know,
Carey, Gary, Sai, Stacy
FOR IMMEDIATE RELEASE
Contact: Robin McCall, Public Relations
Baum, Hedlund, Aristei & Goldman, PC
Main Office – Los Angeles
10940 Wilshire Blvd., 17th Floor
Los Angeles, CA 90024
Phone: (310) 207-3233
You may have heard that Bayer is paying a Roundup client (Carson) to keep his personal injury case going as Bayer wants a federal appeals court to agree with a district court judge’s preemption decision in the plaintiff’s case.
Today, Baum, Hedlund, Aristei & Goldman, Moore Law Group, and Andrus Wagstaff—three firms that successfully tried the Roundup cases in California—filed a letter before the Eleventh Circuit in Carson v. Monsanto Co., No. 21-10994 (11th Cir.) alerting the Court that the appeal was being litigated in bad faith. As explained in the letter, Monsanto is paying Carson to appeal a decision that Monsanto already won in the District Court because Monsanto is hoping to secure favorable appellate precedent in 11th Circuit so that it can set the stage of a Supreme Court run. It is a pay-to-appeal scheme. Bloomberg reported generally on this yesterday, but the details of Monsanto’s scheme were revealed, for the first time, in this letter.
General statement by the three firms: “We proved at the Roundup trials that Monsanto tried to manipulate the science and lied about how Roundup causes cancer for decades. Now Bayer and Monsanto are trying to manipulate the judiciary and buy appellate review. Such action must be stopped and that is why we felt compelled to inform the Court of what is really going on in the Carson appeal.” R. Brent Wisner of Baum Hedlund, Jennifer A. Moore of Moore Law Group, and David J. Wool of Andrus Wagstaff.
- Letter from Plaintiffs’ Counsel for Edwin Hardeman and Alva and Alberta Pilliod
- Motion for Leave to File Letter Brief
- Exhibit 1
Director of Public Relations
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