Mediation Order Issued by Judge in Monsanto Cases
U.S. District Judge Vince Chhabria issued a formal mediation order to Monsanto/Bayer and plaintiff attorneys on April 12. Mediation is a valuable tool in many court cases. The goal here is to reach a settlement between Monsanto/Bayer and those who developed cancer from Roundup™. Lawyers will represent greater than 1,000 individuals in the settlement talks. In his order, Chhabria said that both sides could propose a mediator. If they can’t agree on one, the court will appoint a mediator.
Monsanto/Bayer Agrees to Mediation Order
Bayer said that they will comply with the mediation order. However, even after losing two major cases, Monsanto/Bayer said they will fight any case against their product. They’ve already appealed the outcome of the Dewayne Johnson case and are expected to do the same with others. Judge Chhabria wants to move away from this with mediation, hoping for a settlement to be reached.
Monsanto/Bayer Uses Newsweek to Help Their Image
Two opinion writers with Newsweek, a respected weekly magazine, failed to disclose their ties to Monsanto/Bayer. The commentaries appeared after the Hardeman $80 million verdict. They detailed the reasons why Roundup™ should not be regulated. The opinion pieces were printed on a page that also carried ads for Roundup™.
Monsanto Loses Hardeman Case Despite Advantages
In the Hardeman trial, Judge Chhabria limited what Hardeman’s attorneys could present. This was seen as advantageous to Monsanto/Bayer. Yet, despite this, the herbicide company lost. One reason for this was the scientific evidence the plaintiff presented linking exposure to glyphosate to cancer. Another was the presentation of internal Monsanto papers that showed the company knew about the danger but hid it.
Fourth Roundup™ Trial Date Cancelled
Judge Chhabria set the date for the fourth Roundup™ trial to be set aside. This is called vacating the trial date. Attorneys for Elaine Stevick and her husband Christopher filed Stevick v. Monsanto. Elaine Stevick has non-Hodgkin’s lymphoma. This would have been the fourth trial immediately after the Hardeman case.
Multidistrict Litigation
The judge oversees close to 1,000 lawsuits in a federal procedure designed to speed the process of complex cases. This is called multidistrict litigation (MDL). It is used when numerous cases aimed at the same premise are occurring in multiple districts. Without the use of the multidistrict litigation procedure, the cases would be handled in many different federal courts. A federal judicial panel determines whether the cases in different district courts should be consolidated. The key factor is whether the cases share common issues. If so, the cases are transferred to one district court, and a judge is appointed to preside over them. This transfer helps avoid inconsistent pretrial rulings.
Multidistrict Transfer in Monsanto Cases
Numerous lawsuits have been moved into the MDL system. Some will be sent back to their home districts where they will continue. Judge Chhabria said that it was his belief that the remaining cases in the MDL needed to be organized. This includes deciding which cases should be dismissed and which should be sent back to home districts for trial. The judge said the next steps would be discussed on May 22.
Pilliod Vs. Monsanto
The Pilliod Roundup™ lawsuit against Monsanto is currently underway in Alameda County. It began on March 28. It involves a husband and wife who allege their cancer is due to Roundup™ use. The case was moved up among those awaiting trial because the couple is terminally ill. Monsanto opposed this request. Dewayne Johnson invoked the same California law.
Roundup™ Cancer Attorney
I’m Ed Smith, a Roundup™ cancer attorney. Understanding the way cases are handled in the courts helps you when dealing with a personal injury lawsuit. It is a lawyer’s job to help clients with this every step of the way. If you or a member of your family has been injured by using Roundup™, call me for free and friendly advice. You can contact me in Northern California at (916) 921-6400 or nationwide at (800) 404-5400. If it’s easier for you, use my contact form at my website AutoAccident.com.
I’ve helped clients for more than 37 years with traumatic injuries of all kinds.
I’ve been granted membership in the following organizations among others:
- The Association of Distinguished Counsel: Lawyers in this group are among the top tier of attorneys who provide legal excellence to clients.
- Million Dollar Forum: We are attorneys who have won more than $1 million for a client.
Learn more about my practice here:
Photo Attribution: https://pixabay.com/photos/justice-statue-lady-justice-2060093/
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