A Californian judge reduced a $ 200 million jury verdict on Monday
Roundup weed killers for cancer, but confirmed the findings of the jury that the company acted with malice.
San Francisco Superior Court Judge Suzanne Ramos Bolanos said the $ 250 million fine Damage granted by the jury must be reduced to meet the $ 39.25 million in damages the jury considered appropriate. If the plaintiff agrees to the reduction by 7 December, no new study is required.
Bayer has inherited thousands of Roundup-related lawsuits in its recent acquisition of Monsanto Co. and has sought to raise investors' concerns about litigation liability.
The ruling is the final round in the first Roundup case, which has been brought to trial, leading to an August ruling in favor of a park attendant claiming the long-term use of glyphosate-based herbicides as the cause of his non-Hodgkin's Lymphoma explained.
Glyphosate, the world's most widely used herbicide, has become a popular product for farmers, landscapers and homeowners as it shrinks dozens of different weed species.
Monday's verdict deviates from a preliminary ruling by the judge earlier this month to completely repeal the $ 250 million in punitive damages and order a new lawsuit. In the 1
Bayer said it would go against the verdict. The company had asked the court to overturn the arbitration award, arguing that lawyers for plaintiff Dewayne Johnson relied on weak scientific evidence to prove his association with his cancer and that they had influenced the jury with overly emotional and speculative arguments.
"The Court's decision to lower punitive damages by more than $ 200 million is a step in the right direction, but we still believe that the liability verdict and damages are not supported by evidence in the trial or in the trial Underpin the law. "The company said in a statement.
Johnson lawyers said they considered the reduction in punitive damages to be unjustified and weighed their options, but "are pleased that the jury's vote has been confirmed by the court, albeit slightly subdued."
Several jurors wrote letters Following the preliminary decision, they asked the judge not to overturn their decision and state that they had followed instructions dutifully.
In interviews before the judge's final decision, two of these jurors, financial adviser Gary Kitahata and resident contractor Robert Howard, said they had decided to grant $ 250 million in punitive damages after considering sufficient deterrence for a Monsanto company have.
The lawyers of Monsanto argued during the closing argument of the plaintiff's lawyer, Brent Wisner inflamed the jury. They included comparisons with the tobacco industry and a note that Monsanto's executives were waiting to throw champagne into their conference room if they had won the case.
Mr. Kitahata said it was absurd to say that the remarks influenced her. "Obviously he was theatrical, but that's what lawyers do," said Mr. Kitahata.
Mr. Howard said Mr. Wisner's comments had been quickly swept aside in the counseling room, as the jury had scrutinized every witness presented to them. Many of the jury remained in close contact when their verdict was passed, and attended a hearing on October 10 before Bolano's judge.
During this hearing, Judge Bolanos scolded Mr. Wisner for his statements in the conclusion and said she had ordered him to give no evidence of champagne in the meeting room, but "then you disrespected my order to the jury." Mr. Wisner, a Los Angeles lawyer with Baum, Hedlund, Aristei & Goldman PC, argued (19659007) Michael Miller, another plaintiff's lawyer, said in court that Monsanto had 27 potential jurors biased against the company for reasons were released, and ended up with a jury "free of passion, free of prejudice". "It was only after the jury announced a verdict against the company that Monsanto claimed that there had been a miscarriage of justice."
Monsanto invented glyphosate and began commercializing it in 1974, and about two decades later he introduced the first crops genetically engineered to survive the spray. "Roundup Ready" cultures simplified agriculture and formed the foundation for Monsanto's world-leading seed business, which had sales of approximately $ 11 billion last year.
The safety of glyphosate has been assessed according to the International Agency for Research on Cancer The World Health Organization classified glyphosate in 2015 as potentially carcinogenic. Monsanto and other agricultural groups pushed back, but the classification led to a wave of lawsuits and regulatory challenges in the US, Europe and elsewhere.
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