Appeals court appears poised to cut jury award in landmark glyphosate-cancer case against Bayer but let verdict stand

Monsanto in Another Huge Lawsuit for Lying About Roundup Cancer Link
Credit: Dr. Leonard Coldwell

A California appeals court looks poised to issue a ruling that would uphold the first U.S. trial victory involving allegations that Monsanto’s Roundup weed killer causes cancer.

The United States Court of Appeal First Appellate District on [May 13] notified lawyers for plaintiff Dewayne “Lee” Johnson and legal counsel for Monsanto that they should be prepared to focus on the question of damages awarded in the case at a hearing scheduled for June 2.

The fact that the court is showing it is interested in discussing what amount of damages are appropriate rather than issues pertaining to Monsanto’s request to overturn the trial loss entirely bodes well for the plaintiff’s side, said legal observers.

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Ahead of the hearing on the matter, the judicial panel said this:

The parties should be ready to address the following issue at oral argument …. Assume that this court agrees with Monsanto Company that the award of future noneconomic damages should be reduced. If the court directs such a reduction, should it also reduce the award of punitive damages ….

In a separate matter, the court [in April] said it was rejecting an application by the California Attorney General to file an amicus brief on Johnson’s side.

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