Jury Selected

Print Email Share Tweet

Lawyers wasted no time Wednesday in selecting the jury for next week’s trial start. The jury is made up of 7 women and two men. For plaintiff Edwin Hardeman to win his case, the jury verdict must be unanimous.

The case is being tried in two phases. If jurors do not find in favor of the plaintiff in the first phase there will be no second phase. See below,January 10, 2019 post, for more explanation on the difference in the two phases.

Ahead of the trial lawyers for both sides have filed a joint list of exhibits they plan to introduce, or “may” introduce, as evidence during the proceedings. The list runs 463 pages and includes records ranging from decades-old EPA memos and email exchanges with Monsanto to more recent scientific studies.

Last-Minute Moves

Print Email Share Tweet

With less than a week to go before opening statements in the Feb. 25 federal civil trial over accusations that Monsanto’s glyphosate-based weed killers cause cancer, lawyers for both sides were readying for jury selection that starts Wednesday.

In pre-trial proceedings lawyers for plaintiff Edwin Hardeman and the legal team representing Monsanto, now a unit of Bayer AG, have already been arguing over jury selection based solely on written responses provided by prospective jurors, and many have already been stricken by U.S. District Judge Vince Chhabria for cause.

On Wednesday, attorneys will question the prospective jurors in person. Monsanto’s attorneys are particularly concerned about potential jurors who know about the case that Monsanto lost last summer. In that trial, plaintiff Dewayne “Lee” Johnson won a unanimous jury verdict on claims similar to Hardeman’s – that Monsanto’s herbicides caused his non-Hodgkin lymphoma and that Monsanto failed to warn of the risks. Johnson was awarded $289 million by jurors, but the judge in the case reduced the verdict to $78 million.

The stakes in this case are high. The first loss hit Bayer hard; its share price is down nearly 30 percent since the verdict and investors remain skittish. Another loss in court could provide another blow to the company’s market capitalization, particularly because there are roughly 9,000 other plaintiffs waiting for their day in court.

In preparation for the trial opening on Monday morning, Judge Chhabria said in a Feb. 15 hearing that he will separate out all jury candidates on a Monsanto list who say they have heard about the Johnson case for specific questioning about their knowledge of that case.

Among those already stricken from the jury pool based on their written questionnaires were several people who indicated they had negative perceptions about Monsanto. While the judge agreed with Monsanto’s request to remove those people from the jury pool, he refused a request from plaintiff’s attorneys to strike a prospective juror who said the opposite – the juror wrote that he feels that “they (Monsanto) typically are very honest and helpful to society,” and said he believed Monsanto’s Roundup herbicide was safe.

Judge Chhabria said “I didn’t think anyone in the Bay Area felt that way….”

In other pre-trial action, lawyers from both sides were in Australia preparing for testimony from plaintiff’s expert witness Christopher Portier. Portier is providing video-recorded testimony in advance with direct and cross-examination. He was scheduled to be in court in person for the trial but suffered a heart attack in January and has been advised against the long air travel that would be required to appear in person.

Portier is one of the plaintiff’s star witnesses. He is former director of the National Center for Environmental Health and Agency for Toxic Substances and Disease Registry and a former scientist with the National Institute of Environmental Health Sciences.

In other pre-trial action, Judge Chhabria ruled on Monday on motions from both parties dealing with what evidence would be allowed in and what would be excluded. Chhabria has ruled that there will be a first phase of the trial in which evidence will be limited to causation. If the jury does find that Monsanto’s products caused Hardeman’s cancer there will be a second phase in which evidence may be introduced pertaining to the allegations by plaintiff’s attorneys that Monsanto has engaged in a cover-up of the risks of its products.

Among Chhabria’s evidentiary rulings:

  • Evidence the plaintiff’s attorneys say shows Monsanto engaged in ghostwriting scientific literature is excluded for the first phase of the trial.
  • Evidence or Monsanto’s marketing materials is excluded for both phases.
  • Comparisons between Monsanto and the tobacco industry are excluded.
  • An email from Monsanto discussing work with the American Council on Science and Health is excluded from the first phase.
  • Arguments that glyphosate is needed to “feed the world” are excluded for both phases.
  • Certain EPA documents are excluded.
  • An analysis by the International Agency for Research on Cancer classifying glyphosate as a probable human carcinogen is “restricted.”

One piece of evidence plaintiff’s attorneys plan to introduce is a new meta-analysis A broad new scientific analysis of the cancer-causing potential of glyphosate herbicides. The study found that people with high exposures to the herbicides have a 41% increased risk of developing non-Hodgkin lymphoma (NHL).

The study authors, top scientists who the Environmental Protection Agency has used as advisers, said the evidence “supports a compelling link” between exposures to glyphosate-based herbicides and increased risk for NHL.

Evidence and Issues

Print Email Share Tweet

With the high-stakes, first federal Roundup cancer trial fast approaching on Feb. 25, lawyers for Monsanto – and its owner Bayer AG – have laid out a long list of evidence and issues they do not want introduced at trial.

Among the things the company does not want presented at trial are the following: Mentions of other litigation against Monsanto; evidence regarding the company’s public relations activities; comparisons to the tobacco industry; information about the company’s association with “controversial products” such as Agent Orange and PCBs; information about Monsanto’s “wealth”; and information about “Bayer’s role in World War II.”

None of the evidence Monsanto wants excluded at trial has any bearing on whether or not its herbicides caused the plaintiff’s non-Hodgkin lymphoma, the company’s attorneys told the judge.

The plaintiffs’ attorneys have their own list of things they’d rather not be presented to the jury. Among them: Information about attorney advertising for plaintiffs in the Roundup litigation; the “unrelated medical history” of plaintiff Edwin Hardeman; and evidence about foreign regulatory decisions.

Meanwhile, on Feb. 6 both parties filed a “joint trial exhibit list” detailing each and every piece of evidence they plan to present – or may present – to the jury. The list runs 314 pages and includes a host of internal Monsanto documents as well as regulatory documents, scientific studies, and reports by various expert witnesses.

Bayer added another member to the Monsanto Roundup defense team. On Feb. 8, Shook Hardy & Bacon attorney James Shepherd filed his notice of appearance in the Roundup Products Liability Litigation in federal court. Shepherd has defended Bayer against various lawsuits, including claims alleging injuries tied to Bayer’s cholesterol-lowering medication, and allegations of harm from an intrauterine device (IUD).

As well, both sides recently filed a joint list of exhibits each plan to introduce at trial, including depositions, photographs, emails, regulatory documents, scientific studies and more. The list runs 320 pages.

Judge Vince Chhabria indicated in a Feb. 4 hearing that if the jury finds for the plaintiff in the first phase of the bifurcated trial, meaning if the jury determines that Monsanto’s herbicides were a cause of Edwin Hardeman’s cancer, the second phase of the trial will begin the following day. That second phase will focus on Monsanto’s conduct and any potential punitive damages.

All the related documents can be found on our Monsanto Papers page.

Noteworthy Internal Monsanto Documents

Print Email Share Tweet

We are less than a month away from the start of the first federal trial in the Roundup products liability litigation, and both sides are loading up the court files with scores of pleadings and exhibits. Included in recent filings are several noteworthy internal Monsanto documents. A few are highlighted below. A more complete posting of the court documents can be found on the main USRTK Monsanto Papers page.

  • Get up and shout for glyphosate: Internal Monsanto emails written in 1999 detail the company’s “scientific outreach” work and efforts to develop a global network of “outside scientific experts who are influential at driving science, regulators, public opinion, etc.” The plan called for having people “directly or indirectly/behind the scenes” working on Monsanto’s behalf. The company wanted “people to get up and shout Glyphosate is Non-toxic,” according to the email thread. For the plan to work they “may have to divorce Monsanto from direct association with the expert or we will waste the $1,000/day these guys are charging.”
  • This intriguing email thread from January 2015 discusses a retired Monsanto plant worker who reported to the company that he had been diagnosed with Hairy cell leukemia, a type of non-Hodgkin lymphoma. He wrote that he had “irregular blood counts” before he retired, and he wondered if his diagnosis was “related to working around all of the chemicals” at the company’s plant. The company’s “adverse effects team” reviewed his case and a Monsanto “health nurse” told him they had not found an association between his “medical condition” and the chemicals at the plant where he worked. They also indicate in the email thread that there is no need to notify EPA. One email dated Nov. 21, 2014 written broadly to “Monsanto Employees” from the adverse effects team lets employees know that although the EPA requires the reporting of information about adverse effects of pesticide products such as injury or health problems, employees should not notify EPA themselves if they become aware of any such problems. Employees should “immediately forward” information to the company’s adverse effects unit instead.
  • Did Monsanto Collaborate on AHS Study? Monsanto and new owner Bayer repeatedly have sought to counter scores of studies showing ties between glyphosate herbicides and cancer by touting one study – An update to the U.S. government-backed Agricultural Health Study (AHS) that found no ties between glyphosate and non-Hodgkin lymphoma. The AHS is a foundational part of the company’s defense in the Roundup products liability litigation. But there have been many questions about the timing of the AHS update, which raced through peer review much faster than is normal for papers in peer-reviewed journals. The update was released to the public on the morning of Nov. 9, 2017 – the same day as a critical court hearing in the Roundup cancer litigation. It was cited by Monsanto at that hearing as a “significant development” and a reason to delay proceedings. A May 11, 2015 internal Monsanto “Proposal for Post-IARC Meeting Scientific Projects” discusses the potential for an “AHS Collaboration.” Monsanto called the proposal “most appealing” as it would appear that Monsanto was “somewhat distanced” from the study.
  • Despite much talk about “800 studies” showing the safety of glyphosate Monsanto acknowledged in a court filing that it “has not identified any 12 month or longer chronic toxicity studies that it has conducted on glyphosate containing formulations that were available for sale in the United States of as June 29, 2017.”

Separate news of note –

Plaintiffs’ expert scientific witness Dr. Christopher Portier will not be coming to San Francisco to testify at the trial as planned. Portier suffered a heart attack while traveling in Australia earlier in January and is still recovering.

And in a move welcomed by plaintiffs’ attorneys, U.S. Judge Vincent Chhabria on Monday said that he may allow some evidence about Monsanto’s alleged ghostwriting of scientific studies into the first phase of the upcoming trial despite Monsanto’s efforts to keep the evidence out until and unless a second phase of the trial occurs. Evidence of Monsanto’s efforts to influence regulators and scientists may also be allowed in the first phase, Chhabria said. Chhabria has ordered that the trial be bifurcated, meaning that the first phase will deal only with the allegation of causation. If the jury does find that Monsanto’s herbicides caused plaintiff Edwin Hardeman’s cancer then a second phase would be held to explore Monsanto’s conduct.

Study Shows Coca-Cola’s Efforts to Influence CDC on Diet and Obesity

Print Email Share Tweet

News Release: Tuesday, January 29, 2019
Documents posted here
Contact: Gary Ruskin (415) 944-7350 or Nason Maani Hessari (+44) 020 7927 2879 or David Stuckler (+39) 347 563 4391 

Emails between The Coca-Cola Company and the Centers for Disease Control and Prevention (CDC) demonstrate the company’s efforts to influence the CDC for its own benefit, according to a study published today in The Milbank Quarterly. Coca-Cola’s contact with the CDC shows the company’s interest in gaining access to CDC employees, to lobby policymakers, and to frame the obesity debate by shifting attention and blame away from sugar-sweetened beverages.

The study is based on emails and documents obtained via the Freedom of Information Act by U.S. Right to Know, a nonprofit consumer and public health research group. The investigation into Coca-Cola is of particular relevance because the CDC has recently faced criticism for its links to manufacturers of unhealthy products, including those of sugar-sweetened beverages. The emails demonstrate Coca-Cola’s efforts to “advance corporate objectives, rather than health, including to influence the World Health Organization,” the study says.

“It is not the proper role of the CDC to abet companies that manufacture harmful products,” said Gary Ruskin, co-director of U.S. Right to Know. “Congress should investigate whether Coca-Cola and other companies that harm public health are unethically influencing the CDC, and subverting its efforts to protect the health of all Americans.”

“Once again we see the grave risks that arise when public health organisations partner with manufacturers of products that pose a threat to health,” said Martin McKee, professor of European public health at the London School of Hygiene & Tropical Medicine. “Sadly, as this example, and more recent ones in the United Kingdom show, these risks are not always appreciated by those who should know better.”

The paper concludes: “It is unacceptable for public health organizations to engage in partnerships with companies that have such a clear conflict of interest. The obvious parallel would be to consider the CDC working with cigarette companies and the dangers that such a partnership would pose. Our analysis has highlighted the need for organizations like the CDC to ensure that they refrain from engaging in partnerships with harmful product manufacturers lest they undermine the health of the public they serve.”

The Milbank Quarterly study was co-authored by Nason Maani Hessari, research fellow at the London School of Hygiene & Tropical Medicine; Gary Ruskin, co-director of U.S. Right to Know; Martin McKee, professor at the London School of Hygiene & Tropical Medicine; and, David Stuckler, professor at Bocconi University.

U.S. Right to Know is currently litigating two FOIA cases to obtain more documents from the CDC. In February 2018, U.S. Right to Know sued the CDC over its failure to comply with its duty under FOIA to provide records in response to six requests about its interactions with The Coca-Cola Company. In October 2018, CrossFit and U.S. Right to Know sued the Department of Health and Human Services seeking records about why the Foundation for the National Centers for Disease Control and Prevention (CDC Foundation) and the Foundation for the National Institutes of Health (NIH Foundation) have not disclosed donor information as required by law.

The U.S. Right to Know Food Industry Collection, containing documents from today’s study, is posted in the free, searchable Food Industry Documents Archive hosted by the University of California, San Francisco. For more background about USRTK’s work regarding the CDC and Coca-Cola, see: https://usrtk.org/our-investigations/#coca-cola.

U.S. Right to Know is a nonprofit consumer and public health research group that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy. For more information, see usrtk.org.

The London School of Hygiene & Tropical Medicine (LSHTM) is a world-leading centre for research, postgraduate studies and continuing education in public and global health. LSHTM has a strong international presence with 3,000 staff and 4,000 students working in the UK and countries around the world, and an annual research income of £140 million. LSHTM is one of the highest-rated research institutions in the UK, is partnered with two MRC University Units in The Gambia and Uganda, and was named University of the Year in the Times Higher Education Awards 2016. Our mission is to improve health and health equity in the UK and worldwide; working in partnership to achieve excellence in public and global health research, education and translation of knowledge into policy and practice http://www.lshtm.ac.uk

-30-

UCSF Food + Chemical Industry Libraries Host USRTK Documents

Print Email Share Tweet

Update 1/29/19: The University of California, San Francisco added the USRTK Food Industry Collection of emails to its Food Industry Documents Library. The first batch of USRTK emails posted to the database contain emails between the Coca-Cola Company and U.S. Centers for Disease Control and Prevention, including those reported in January 2019 study in the Milbank Quarterly, Public Meets Private: Conversations Between Coca-Cola and the CDC, by Nason Maani Hessari, Gary Ruskin, Martin McKee and David Stuckler. See our Coca-Cola and CDC Resources Page for more information.

UCSF Chemical Industry Documents Library Now Hosts U.S. Right to Know Collection

News Release
For Immediate Release: Thursday, April 19, 2018
For More Information Contact: Gary Ruskin (415) 944-7350

The University of California, San Francisco Industry Documents Library today placed online several collections of agrichemical industry documents, including some acquired and donated by U.S. Right to Know, a consumer and public health watchdog group.

The documents shine light on the public relations, scientific, legislative and regulatory tactics the industry has used to defend its products and profits.

“These documents offer an inside view of agrichemical industry communications about the health and environmental risks of its products,” said Gary Ruskin, co-director of U.S. Right to Know. “We hope they will prove to be a valuable resource for policymakers, investigative journalists and the public at large.”

The documents will be housed in the UCSF Chemical Industry Documents Archive, which is affiliated with the UCSF Truth Tobacco Industry Documents, an archive of 14 million documents created by tobacco companies and their allies.

The documents donated by U.S. Right to Know will be known in the archive as the USRTK Agrichemical Collection. Many of these documents were obtained via federal and state public records requests. In February, the Freedom of the Press Foundation documented growing opposition to the use of public records requests for documents related to the agrichemical industry.

“We want to make these documents available so that others don’t have to go through the trouble and expense of obtaining them,” Ruskin said.

Many of the documents known the “Monsanto Papers” will also be made available.These documents are surfacing in litigation over whether Monsanto’s glyphosate-based herbicide Roundup causes non-Hodgkin lymphoma.

During the last year, these documents have been the subject of dozens of news stories worldwide. In March, two journalists at the French daily Le Monde, Stéphane Foucart and Stéphane Horel, won a European Press Prize Investigative Reporting Award for their work with the Monsanto Papers.

The documents are catalogued, indexed, fully searchable and downloadable so they will be easy to use for policymakers, journalists, academics and the general public. They are available free of charge.

Documents in the USRTK Agrichemical Collection at UCSF have been reported on in many news articles, including:

U.S. Right to Know is a nonprofit consumer and public health organization that investigates the risks associated with the corporate food system, and the food industry’s practices and influence on public policy. For more information, see usrtk.org.

-30-

Evidentiary Hearing Set

Print Email Share Tweet

Time flies when a big case approaches. U.S. District Judge Vince Chhabria has set anevidentiary hearing for Jan. 28 at 9 a.m. local time in federal court in San Francisco to be followed by a “Daubert” hearing that day at 2 p.m. The hearings are to consider evidence and experts that will be key to the first-ever federal trial taking up claims that Monsanto’s glyphosate-based herbicides can cause cancer and Monsanto has covered up the risks. Video recording of the proceedings is being allowed.

Chhabria has taken the unusual step of agreeing with a request from the attorneys representing Monsanto and its owner Bayer AG to bifurcate the trial. The first phase, per Monsanto’s request, will deal only with evidence relevant causation – if its products caused the cancer suffered by plaintiff Edwin Hardeman. Evidence of Monsanto efforts to manipulate regulators and the scientific literature and “ghost write” various articles would only be presented in a second phase of the trial if jurors in the first phase find the herbicides were a substantial factor in causing Hardeman’s cancer.

The parties are in disagreement over exactly what evidence should be allowed in the causation phase.

Monsanto specifically has asked the judge to exclude from evidence:

  • A 2001 email detailing internal discussions regarding an independent epidemiology study published that year.
  • A 2015 internal email regarding the company’s relationship with and funding of the American Council on Science and Health, a group that purports to be independent of industry as its promotes safety messaging about glyphosate products.
  • A 2015 email chain includinginternal commentary by Monsanto scientist Bill Heydens about the role surfactants play in glyphosate formulated products.

For point 1, attorneys for Hardeman have said they do not intend to try to introduce the evidence “unless the door is opened byMonsanto.”

For point 2, they also said they do not intend to introduce the ACSH correspondence “unless Monsanto in anyway relies on the ACSH’s junk science positions regarding the carcinogenicity” of glyphosate-based formulations “or attackson IARC’s classification of glyphosate.”

As for the 2015 Heydens email chain, attorney’s for Hardeman argue the correspondence is illuminating to the causation question. Heydens’ email refers to the results of a 2010 study referred to as George et al., which found a statistically significant increase of tumors on the skin of rodents following exposure to a formulated Roundup product. The study is one relied upon by plaintiffs’ general causation experts.

The letter brief laying out the positions by opposing parties is here.

In a separate issue – the ongoing government shut-down could impact the Feb. 25 trial date for the Hardeman case. Judge Chhabria has said that he does not intend to ask jurors to sit in a trial without being paid.

New Monsanto documents expose cozy connection to Reuters reporter

Print Email Share Tweet

By Carey Gillam 

(Update April 25, 2019) 

We knew from previously released documents that Reuters reporter Kate Kelland was a key connection for Monsanto in its endeavor to undermine and discredit the World Health Organization’s International Agency for Research on Cancer (IARC) scientists who classified glyphosate as a probable carcinogen in 2015. Now we have additional evidence of the coziness of the connection.

Not only did Kelland write a 2017 story that Monsanto asked her to write in exactly the way Monsanto executive Sam Murphey asked her to write it, (without disclosing to readers that Monsanto was the source,) but now we see evidence that a draft of a separate story Kelland did about glyphosate  was delivered to Monsanto  before it was published, a practice typically frowned on by news outlets.

The emails shows the story written by Kelland was emailed before it was published to  Murphey with the subject line “My draft, Confidential.”

The story, headlined “New study on Monsanto weed killer to feed into crucial EU vote,” was about preliminary findings of an unpublished study by an Italian scientist showing that experimental rats exposed to glyphosate at levels equivalent to those allowed in humans showed no initial adverse reaction. The final version was published on April 13, 2017.

And another newly released email details how Monsanto’s fingerprints were on at least two other Kelland stories. The March 1, 2016 email speaks of the involvement of Monsanto’s “Red Flag” campaign  in an already published Reuters story that was critical of  IARC and the desire to influence a second similar story Reuters was planning.  Red Flag is a Dublin-based PR and lobbying firm that works to defend glyphosate safety and promote pro-glyphosate messaging via third parties such as farmer groups. According to the partly redacted email, “following engagement by Red Flag a number of months ago, the first piece was quite critical of IARC.”  The email goes on: “You may also be aware that Red Flag is in touch with Reuters regarding the second report in the series…”

A little over a month later, Reuters published Kelland’s story headlined “Special Report: How the World Health Organization’s cancer agency confuses consumers.” 

Those revelations follow the disclosure earlier this year of email correspondence detailing how Kelland helped Monsanto drive a false narrative about cancer scientist Aaron Blair in his role as head of the IARC working group that classified glyphosate as a probable carcinogen.  Internal Monsanto correspondence dated April 27, 2017 shows that Monsanto executive Sam Murphey sent the company’s desired narrative to Kelland with a slide deck of talking points and portions of the Blair deposition that was not filed in court. 

On June 14, 2017, Kelland authored a controversial story based on what she said were “court documents,” that in reality were documents fed to her by Murphey. Because the documents Kelland cited were not really filed in court they were not publicly available for easy fact-checking by readers. By  falsely attributing the information as based on court documents she avoided disclosing Monsanto’s role in driving the story.

When the story came out, it portrayed Blair as hiding “important information”that found no links between glyphosate and cancer from IARC. Kelland wrote that a deposition showed that Blair “said the data would have altered IARC’s analysis” even though a review of the actual deposition shows that Blair did not say that.

Kelland provided no link to the documents she cited, making it impossible for readers to see for themselves how far she veered from accuracy.

The story was picked up by media outlets around the world, and promoted by Monsanto and chemical industry allies. Google advertisements were even purchased promoting the story. This story was also used by Monsanto to attack IARC on multiple fronts, including an effort by Monsanto to get Congress to strip funding from IARC.

There is nothing inherently wrong in receiving story suggestions that benefit companies from the companies themselves. It happens all the time. But reporters must be diligent in presenting facts, not corporate propaganda.

Reuters editor Mike Williams has defended Kelland’s work and declined to issue a clarification or correction on the Aaron Blair piece. He said “It was a great piece, and I stand by it fully.”

Reuters “ethics editor” Alix Freedman also supports Kelland’s Blair story, despite the evidence of Monsanto’s involvement and the lack of disclosure of that involvement to readers. “We are proud of it and stand behind it,” Freedman said in an email.

On a personal note, I spent 17 years as a reporter at Reuters covering Monsanto and I am horrified at this violation of journalistic standards. It is particularly noteworthy that Alix Freedman is the same person who told me I was not allowed to write about many independent scientific studies of Monsanto’s glyphosate that were showing harmful impacts .

At the very least, Kelland should have been honest with readers and acknowledged that Monsanto was her source – on that story, and apparently many others. Reuters owes the world – and IARC – an apology.

For more background on this topic, see this article.

More Details on Limits Too Large Volumes of Evidence

Print Email Share Tweet

For those wanting more details on the reasoning and ramifications of a federal court judge’s decision to limit large volumes of evidence related to Monsanto’s internal communications and conduct from the first federal trial, this transcript of the Jan. 4 hearing on the matter is informative.

Here is an exchange between plaintiff’s attorney Brent Wisner and Judge Vince Chhabria that illustrates the frustration and fear plaintiff’s attorneys have over the limitation of their evidence to direct causation, with much of the evidence dealing with Monsanto’s conduct and internal communications restricted. The judge has said that evidence would only come in at a second phase of the trial if jurors in a first phase find that Monsanto’s Roundup products directly contributed substantially to the plaintiff’s cancer.

MR. WISNER: Here is a great example: Monsanto’s chief toxicologist,
Donna Farmer, she writes in an e-mail: We can’t say Roundup
doesn’t cause cancer. We have not done the necessary testing
on the formulated product.
THE COURT: That would not come in — my gut reaction
is that that would not come in in the first phase.
MR. WISNER: So that is literally Monsanto’s chief
toxicologist — a person who has more knowledge about Roundup
than anyone else in the world — saying —
THE COURT: The question is whether it causes cancer,
not whether — not Farmer’s opinion on what Monsanto can say or
not say. It is about what the science actually shows.
MR. WISNER: Sure. She is literally talking about the
science that they didn’t do.
THE COURT: My gut is that that is actually really a
fairly easy question, and the answer to that fairly easy
question is that that doesn’t come in in the first phase.”

Stay tuned….

Schedule Set By Judge

Print Email Share Tweet

The first federal trial in the Roundup Products Liability Litigation may still be more than a month away, but the calendar is busy for attorneys on both sides. See below the schedule set by the judge in an order filed yesterday:

PRETRIAL ORDER NO. 63: UPCOMING DEADLINES FOR BELLWETHER TRIAL.

Evidentiary Hearing set for 1/28/2019 09:00 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria.

Dr. Shustov’s Daubert Hearing set for 1/28/2019 02:00 PM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria.

Jury Selection to complete the supplemental questionnaire in the jury office (not on the record or in court) set for 2/13/2019 08:30 AM in San Francisco.

Jury Selection (hardship and challenge cause hearing with counsel and Court) set for 2/15/2019 10:30 AM in San Francisco, Courtroom 04, 17th Floor before Judge Vince Chhabria.