The federal appeals court on Friday upheld a $ 25 million verdict and a verdict in the search for Bayer Roundup causing California-based non-Hodgkin lymphoma, which is an impact. To hope for chemical companies to limit legal risk over weed killers.
The 9th U.S. Circuit Court of Appeals in San Francisco rejected Bayer̵7;s arguments that a case like Edwin Harman should not be tried because federal pesticide laws banned allegations that the company failed in Cancer Risk Warning of Roundup
“It’s a bad thing for the plaintiffs,” said Leslie Brookner, a lawyer for Public Justice, who aided Hardman’s appeal. “This proves that these claims are made in the infringement system.”
Bayer did not immediately respond to a request for comment.
A 2019 jury awarded Hardeman $ 5 million in compensation and $ 75 million in punitive damages in the first federal trial to be tried. The punishment award was later cut to $ 20 million and the appeals court backed the reduction.
Friday’s ruling was the first by the federal appeals court in a case linking Roundup to cancer, and Bayer said the case had the potential to “Defines the format of every subsequent litigation Roundup”
Bayer said decades of studies have shown Roundup and the other glyphosate-based herbicides that dominate the market are safe for human use.
The company argued that glyphosate was certified by the Environmental Protection Agency as safe for humans and that regulators prevent Bayer from adding a warning to its product label.
But the company has spent years trying to control the lawsuit.
Bayer has provided $ 9.6 billion to settle 125,000 claims from Roundup.
It also wants to resolve potential legal claims made by the millions of consumers and farm workers who face Roundup and possibly get sick in the future.
On Wednesday it will seek preliminary approval for a proposed $ 2 billion deal to resolve those future claims through a class action that would group those who touched Roundup but were not sick.
Personal injury attorneys and consumer groups oppose the plan, which they say limits Roundup users’ right to prosecute.
Brueckner said Friday’s ruling broke one argument for ending a collective action that Bayer may have won in a federal appeals court.
“Time couldn’t be more perfect,” said Brookner, referring to a class hearing on Wednesday. “I suspect it was a coincidence.”
Elizabeth Cabraser, a class action attorney who negotiated a class action deal, said she was pleased with Friday’s ruling.
Proponents of a class action deal have argued that free health checks are offered to consumers to monitor their health. If a consumer is diagnosed with non-Hodgkin lymphoma, they will receive up to $ 200,000 in compensation and free legal advice to assess their options.
The deal also pauses Bayer’s prosecution for four years, and if someone denies compensation and sues them, they cannot seek punitive damages.
“The more decisions against Bayer, the more pressure the company will have to pull Roundup out of the market or agree to a more generous settlement,” said David Noll, a professor at Rutgers Law School.
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