01/31/2024
On Monday, developments in Roundup litigation unfolded as the focus shifted from the federal MDL to state courts, presenting diverse outcomes. Approximately 4,000 cases persist in the MDL, displaying minimal activity. In contrast, a significant event occurred in state court litigation with a jury in Philadelphia delivering a substantial $2.25 billion verdict against Bayer and its subsidiary, Monsanto.
It’s important to note that, being outside the MDL, this verdict doesn’t qualify as a bellwether. While legal professionals may find appeal in a billion-dollar verdict, the journey to resolution remains extensive. Realistically, the awarded amount is likely to undergo reduction on appeal, acting as a formidable reminder to defendants.
The Philadelphia award comprised $250 million in compensatory damages and $2 billion in punitive damages, surpassing expectations but potentially subject to adjustment during the appellate process. Despite the staggering figures, caution is warranted as similar cases have experienced reduction after appeals, as seen in a California court’s adjustment from over $2 billion to $87 million.
Concerns arise from the sporadic nature of verdicts across 18 trials in four states, revealing shifts between plaintiff and defense victories. While 2018 and 2019 favored plaintiffs, subsequent years witnessed a defensive trend, emphasizing the unpredictability of outcomes. The average plaintiff win in Roundup cases currently stands at $450 million.
“Note - we’ve begun offering roundup case acquisition with full medical records included that confirm diagnosis” � - Jason Birnbaum
Unsurprisingly, defendants plan to appeal, citing disagreement with the jury’s verdict and emphasizing their commitment to challenging the excessive damages awarded. Despite the appeal process, the substantial number of cases, both in the MDL and state courts, signals ongoing challenges for Bayer and Monsanto. Settlements totaling $11 billion have already been made, but additional financial commitments may be required given recent plaintiff victories, as the legal landscape continues to evolve with scheduled trials in 2024.
On Monday, developments in Roundup litigation unfolded as the focus shifted from the federal MDL to state courts, presenting diverse outcomes. Approximately…
