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January 10, 2019

More Details on Limits Too Large Volumes of Evidence

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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….