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Bayer/Monsanto Asks Court to Throw Out $289 Million Award, Legal Experts Say: On Flimsy Grounds

By       Message Stephen Fox       (Page 1 of 4 pages)     Permalink    (# of views)   8 comments

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Monsanto's Big Horror Show: Roundup Via RT America: We've been covering and reporting on glyphosate and the potential dangers of weed killer Roundup. America's Lawyer Mike Papantonio joins ...
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Clearly, the world's financial international media sources are taking quite seriously the announcement that Bayer's Monsanto is asking the court to throw out the $289 million glyphosate verdict in motions asking for a reconsideration hearing. In motions filed in San Francisco's Superior Court of California, Bayer said that the jury's decision was insufficiently supported by the evidence presented at trial by school groundskeeper Dewayne Johnson.

Monsanto asked Superior Court Judge Suzanne Bolanos, who oversaw the trial, to set aside the verdict or, if not, to reduce the award or grant a new trial. A hearing on the motions is set for Oct. 10. The company denies the allegations and previously said it would appeal the verdict if necessary.

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>>>> (After all, such a strategy recently worked quite well for Monsanto/Bayer, in Brazil, when an appeals court overturned the highly justified ruling by a Federal Judge in Brazil that banned Roundup/Glyphosate for the entire nation. See also: Brazil court lifts ban on glyphosate weedkiller

September 3, 2018

click here

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An appellate court lifted a court-ordered suspension of licenses in Brazil for products containing glyphosate, an industrial weedkiller in common use in Latin America's agricultural powerhouse.

Federal appeals court judge Kassio Marques ruled that "nothing justified" the suspension by a lower court, saying it had been abruptly imposed "without previous analysis of the grave impact it would have on the country's economy and on production in general."

The suspension, which had been ordered August 3 by a federal judge in Brasilia, was supposed to go into effect on Monday until a "toxicological re-evaluation" of all products containing glyphosate could be completed by Brazil's sanitary authority.]

>>>

Back to Dewayne Johnson's case re: Roundup: The California jury had found Monsanto failed to warn Johnson and other consumers of the cancer risks posed by its weed-killers. It awarded $39 million in compensatory and $250 million in punitive damages. The company in its motion for a new trial also said statements by lawyers for Johnson inflamed and inappropriately influenced the jurors. Some legal experts have said Monsanto faces long odds on appeal on those grounds.

Reuters, for example, has the best, most consistent, and most thorough reporting on this case and what it all means, by Tina Bellon.

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Bayer AG unit Monsanto on Tuesday asked a California judge to throw out a $289 million jury verdict awarded to a man who alleged the company's glyphosate-based weed-killers, including Roundup, gave him cancer. Monsanto is facing some 8,000 similar lawsuits across the United States.

Johnson's case, filed in 2016, had been fast-tracked to go to trial due because of the advanced medical danger from his lymph system cancer, non-Hodgkin's lymphoma, that he alleged (and the jury agreed!( was caused by years of exposure to both Roundup and Ranger Pro, yet another Monsanto herbicide that contains glyphosate.

This has hit Bayer hardest where it hurts most, in their stock price: Bayer's shares (which bought Monsanto this year for $63 billion), dropped massively after the Aug. 10 jury decision and the stock was still trading at 20 percent below its pre-verdict value of $85.45 as recently as a few days ago.

"The jury's decision is wholly at odds with over 40 years of real-world use, an extensive body of scientific data and analysis ... which support the conclusion that glyphosate-based herbicides are safe for use and do not cause cancer in humans," Bayer said in a statement, and that Johnson failed to prove glyphosate caused his cancer and the scientific evidence he presented at trial "fell well below the causation standard required under California law."

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4 people are discussing this page, with 8 comments


Stephen Fox

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(Member since Jan 21, 2007), 26 fans, 310 articles, 13 quicklinks, 2417 comments, 14 diaries


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Walking Through Auschwitz | WARNING: Actual footage of entire camp ATTENTION: I disabled comments due to the complete disrespect some people had towards the people who were murdered and suffered at Auschwitz. Also ...
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B, the insecticide that killed 6 million Jews during the Holocaust!

Don't forget that Bayer's parent company, I.G. Farben, made Zyklon B, the insecticide that killed 6 million Jews during the Holocaust!


This is a very important case, and winning the appeal is even more important.


I am personally so sick of the insanity implicit in Monsanto's endless legal abuses that go back decades. Why in the world would Bayer have seen fit to buy this failing beast of more than a century of poison-making? These have to rival one another as the CRIMES OF THE CENTURY.


In the realm of financial and legal considerations, for example, here is one of my MANY earlier articles:

Monsanto's subpoena on Avaaz is Quashed by Manhattan Judge! by Avaaz's Ricken Patel

click here

Even Fox News Business (no relation to me) questioned why would Bayer want to buy Monsanto!

click here

Submitted on Thursday, Sep 20, 2018 at 11:09:20 PM

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Devil's Advocate

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It's not like we didn't expect this.

With a little luck, all the lawsuits they're going to have to appeal, and appeal, and appeal, will bring the company down.

Submitted on Friday, Sep 21, 2018 at 6:54:00 AM

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Stephen Fox

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Thank you. Other factors may also intervene, especially in the realm of the stock markets all over the world.



Farmers Fear The Potential $66B Bayer-Monsanto Merger Bayer, a German pharmaceutical and chemical company, has won approval from the US Justice Department to buy agricultural giant Monsanto. Farmers are ...
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Submitted on Friday, Sep 21, 2018 at 2:35:16 PM

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John Jonik

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Is there any hope that Anti Smokers among us will say anything about both Bayer and Monsanto..perhaps, now, BayerSanto, or MontBayero?...being suppliers of pesticides to cigarette manufacturers and, without warnings, protection or compensation, to those who think and are told (even by OUR side) that smoking harms are just caused by the natural tobacco plant? Mother Nature strikes again? Isn't that the virtual motto of insurers and other investors in complicit industries?

A site called "Fauxbacco" has links about this...or...just search up "Glyphoste tobacco", for starters. No secret...just ignored. Bayer/Monsanto and all the other suppliers of hundreds of "legal" tobacco pesticides thank anti smokers (i.e. anti the primary victims) for their support

Submitted on Saturday, Sep 22, 2018 at 7:15:35 AM

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Copyrighted Image? DMCA

Submitted on Saturday, Sep 22, 2018 at 7:24:27 AM

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Stephen Fox

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How many Senators have you written about this to?

How many OpEds and letters to the Editor have you written about this?

Submitted on Saturday, Sep 22, 2018 at 2:09:21 PM

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kappie

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Just what we expected to happen.monsanto will appeal and appeal and appeal until they find a big bussiness Republican judge who will rule in their favor.Its nice to have big money and buy any verdict you want.

Submitted on Saturday, Sep 22, 2018 at 7:25:09 PM

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Stephen Fox

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They may run out of options and then cease to exist, depending on many of the 8200 Roundup Lawsuits come to fruition, and that is EVEN IF Kavanaugh is confirmed!


About Judges, please read this:


Despite verdict, courts will differ on Monsanto's herbicide



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Federal District Judge William Shubb said the warnings would be misleading because glyphosate is not known to cause cancer, according to court documents filed on Monday in California.


"Given the heavy weight of evidence in the record that glyphosate is not in fact known to cause cancer, the required warning is factually inaccurate and controversial," Shubb wrote.

The judge's decision is important for Monsanto because glyphosate is widely used by farmers, who apply it to genetically engineered crops, and consumers, who spray it on their lawns. The company's agricultural productivity segment, which includes glyphosate, had net sales of $3.7 billion in fiscal year 2017.

Monsanto, which is being acquired by Bayer AG, along with U.S. farm groups sued California in November to stop the warnings.

California added glyphosate, the main ingredient in Monsanto's herbicide Roundup, to its list of cancer-causing chemicals in July 2017 and had planned to require that products containing the chemical carry warnings by July 2018.





Submitted on Saturday, Sep 22, 2018 at 8:56:27 PM

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