Deal to limit future glyphosate suits against Bayer collapsing, but $10.9 billion settlement likely to hold

s reutersmedia net
Credit: Reuters

The plan concocted by Monsanto owner Bayer AG and a small group of lawyers was filed [in June] in U.S. District Court for the Northern District of California as part of a effort by Bayer to put an end to sweeping litigation that has so far led to three losses in three jury trials, staggering punitive damage awards and shareholder discontent.

On [July 6] Judge Vince Chhabria issued an order  setting a hearing on the matter for July 24 and making it clear he would not approve the settlement plan. He was “skeptical of the propriety and fairness of the proposed settlement,” Chhabria wrote in the order.

In response, on [July 8] the group of lawyers who had structured the deal with Bayer filed a notice of withdrawal of their plan. The proposed settlement plan for future class action litigation was separate from the settlement agreement Bayer made with lawyers for plaintiffs who have already filed cases and is designed to help Bayer contain and manage future liability. 

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

Under the structure put together by Bayer and a small group of plaintiffs’ lawyers the class action settlement would have applied to anyone exposed to Roundup who had not filed a lawsuit or retained a lawyer as of June 24, 2020, regardless of whether or not that person already had been diagnosed with cancer they believe was due to Roundup exposure.

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