Monsanto loses effort to head off St. Louis trial that starts next week

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Monsanto’s German owner Bayer AG has failed in efforts to head off a Missouri trial over claims brought by cancer patients that Monsanto’s herbicide caused their diseases and Monsanto hid the risks.

In a ruling handed down Wednesday, St. Louis City Judge Elizabeth Byrne Hogan of Missouri’s 22nd Circuit ruled that the company wasn’t entitled to summary judgment in the case of Wade v. Monsanto, which is scheduled to go to trial Tuesday.

Hogan further frustrated Monsanto by ordering Thursday that the trial could be audio and video recorded and broadcast to the public. Lawyers for Monsanto had argued that the trial should not be broadcast because the publicity could endanger witnesses and former Monsanto executives.

Judge Hogan ruled that the trial would be open to audio and video recording and broadcast from its beginning on Jan 21 through the end of the trial, with several exceptions, including no coverage of jury selection.

The trial will be the first to take place in St. Louis, the former hometown for Monsanto before the company was acquired by Bayer in June 2018.

Monsanto lost the first three trials that have so far taken place. In those three trials, a total of four plaintiffs claimed exposure to the company’s glyphosate-based herbicides caused them each to develop types of non-Hodgkin lymphoma and that Monsanto covered up evidence of the risks.

Representatives for both sides have been working with a court-appointed mediator since last May to try to resolve the litigation. As settlement talks have progressed, Bayer has successfully negotiated arrangements with certain plaintiffs’ law firms to postpone and/or cancel several trials, including one that had been set to get underway in the St. Louis area the last week of January. Among the cases pulled from the trial schedule are two cases involving cancer-stricken children and a case involving a woman who has suffered extensive debilitation from her bout with non-Hodgkin lymphoma.

But while other firms pull back from trial plans, the Virginia-based Miller Firm, which is the lead counsel for the group of plaintiffs in the Wade case, has pushed forward. The Miller Firm already has two trial victories under its belt, having represented the first trial plaintiff, Dewayne “Lee” Johnson, and the most recent trial plaintiffs, Alva and Alberta Pilliod. The other trial that has thus far taken place, on claims brought by Edwin Hardeman, was handled by two separate firms.

In addition to the Wade case, the Miller firm has another trial due to start in California that will overlap with the Wade case if both proceed as planned.

Several of the lead law firms involved in the litigation stopped accepting new clients months ago, but other attorneys around the United States have continued to advertise, drawing in more potential plaintiffs. Some sources say the list of plaintiffs now totals more than 100,000 people. Last year Bayer reported to investors that the list of plaintiffs in the Roundup litigation totaled more than 42,000.

In ruling against Monsanto’s bid for summary judgment, Judge Hogan shot down an assortment of arguments asserted by the company’s lawyers, including Monsanto’s repeated effort to claim that because the Environmental Protection Agency (EPA) concludes glyphosate is not carcinogenic, a federal legal  preemption exists.

“Defendant has not cited a single case that holds that the EPA’s regulatory scheme preempts claims such as Plaintiffs’,” Judge Hogan said in her ruling. “Every court presented with this issue has rejected it.”

With respect to the company’s argument that a jury should not be entitled to consider punitive damages, the judge said that would be a matter for consideration after seeing evidence presented at trial. She wrote: “Defendant argues that because Roundup has been consistently approved by the EPA and other regulatory agencies, its conduct cannot be considered willful, wanton or reckless as a matter of law. Plaintiffs respond that they will present evidence of Monsanto’s reckless disregard for the safety of others, and despicable and vile conduct, which has been held sufficient to submit the claim of punitive damages to the jury in other cases that have been tried. Defendant is not entitled to summary judgment on punitive damages.”

Anticipation Builds For Settlement of Roundup Cancer Claims

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Anticipation is building around the belief that there could soon be an announcement of at least a partial settlement of U.S. lawsuits pitting thousands of U.S. cancer patients against Monsanto Co. over allegations the company hid the health risks of its Roundup herbicides.

Investors in Bayer AG, the German company that bought Monsanto in 2018,  are keeping a close eye on the status of three trials currently still on the docket to get underway this month. Six trials were initially set to take place in January, but three have recently been “postponed.” Sources say the postponements are part of the process of obtaining an overall settlement with several plaintiffs’ attorneys who have large numbers of cases pending.

The three trials still on the docket for this month are as follows: Caballero v. Monsanto, set to start Jan. 17 in Contra Costa Superior Court in California; Wade v. Monsanto, set to start Jan. 21 in St. Louis City Circuit Court in Missouri; and Cotton v. Monsanto, scheduled for Jan. 24 in Riverside Superior Court in California.

A hearing scheduled for today in the Caballero case was called off, but another hearing is set for Thursday before the trial gets underway Friday, according to court filings. Possibly underscoring the fluidity of the situation, at least one of the key witnesses expected to testify in the case has been told he will not likely be needed, according to a source close to the litigation.

In St. Louis, Monsanto’s former hometown, the court calendar calls for the Wade trial to get underway in front of Judge Elizabeth Byrne Hogan a week from today, said court spokesman Thom Gross.

Plaintiffs’ attorney Mike Miller, who represents plaintiff Kathleen Caballero as well as multiple plaintiffs in the Wade trial, said he was looking forward to the trials for these “victims of Monsanto’s deceit.” Miller said rumors that his trials would be postponed are false and he fully intends for the trials to go forward.

Miller and other attorneys involved in the litigation have declined to answer questions about a potential settlement.

But analysts who follow Bayer say that settlement discussions are looking at a potential deal for $8 billion to settle current cases with $2 billion set aside for future needs.

After losing three out of three trials and facing thousands of claims by cancer victims who allege their diseases were caused by exposure to Monsanto’s glyphosate-based herbicides, Monsanto’s German owner Bayer AG has been working for months to avoid any additional trials. Bayer was successful in delaying several trials slated for late 2019 and the three that were planned for January before being postponed. Two of those cases involved children stricken with non-Hodgkin lymphoma and the third was brought by a woman suffering from non-Hodgkin lymphoma.

There are many complicating factors hindering resolution of the litigation, including the fact that plaintiffs’ attorneys with no connection to the plaintiffs’ leadership team continue to advertise for new clients to add to the pool, thus potentially thinning the payouts for plaintiffs who have been awaiting their day in court for years.

In working toward a settlement Bayer is hoping to appease investors unhappy with the mass tort liability Bayer took on in acquiring Monsanto, and hopes to avoid more publicity surrounding damning evidence that was introduced during the previous trials indicating that Monsanto knew of the cancer risks of its weed killing products but failed to warn consumers. The revelations have triggered outrage around the world and prompted moves to ban the glyphosate-based herbicides.

Earlier this month the town of Dennis, Massachusetts announced it will no longer allow use of the herbicide glyphosate on town-owned property. It is one of a number of communities in the Cape Cod area that have recently said they will restrict or ban glyphosate herbicides use. Numerous other cities and school districts around the United States have said they are looking at, or have already decided to,  ban or restrict the use of glyphosate-based herbicides.

Internationally, Vietnam and Austria have said they will ban glyphosate while Germany has said it will ban the chemical by 2023. French leaders also have said they are banning glyphosate-based herbicides.

The Environmental Protection Agency (EPA) has sided with Monsanto and Bayer in saying there is no evidence to support claims that glyphosate-based herbicides can cause cancer.

More Monsanto Roundup Cancer Trials Expected to be Postponed

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(UPDATE Jan. 8, 2020- On Wednesday, St. Louis County Court spokeswoman Christine Bertelson confirmed that one trial set to start Jan. 27 has been officially postponed with no new trial date yet set. That trial  was to pit a woman named Sharlean Gordon against Monsanto. )

Discussions are underway to postpone one or more highly anticipated Roundup cancer trials set to start in January, including trials scheduled for St. Louis, the former hometown of Roundup herbicide maker Monsanto Co., according to sources close to the litigation.

Court dockets still show trials scheduled for later this month in St. Louis and in California courts, and court officials say they are still planning for the trials to take place on the designated dates. But multiple  legal sources said the opposing sides were nearing agreements that would put off the trials by several months, if not longer. Attorneys for Monsanto and for the plaintiffs in the upcoming January trials declined to comment.

The talk of trial delays is not unexpected. Bayer AG, the German company that bought Monsanto in June 2018, successfully negotiated the postponement of several trials that had been set for the fall of 2019 after losing each of the three trials held to date. Each involved plaintiffs who claimed their cancers were caused by exposure to Roundup and other Monsanto glyphosate-based herbicides.

The juries  found not just that the company’s herbicides can cause cancer, but that Monsanto knew about the risks and hid the information from consumers. Bayer has estimated more than 42,700 people have filed claims in the United States against Monsanto, which is now a wholly owned unit of Bayer.

Bayer and a team of plaintiffs’ attorneys have been pursuing a potential settlement of the litigation that could amount to well more than $8 billion, the legal sources said.

Bayer has been particularly uneasy about trials scheduled for St. Louis, where former Monsanto CEO Hugh Grant has been subpoenaed to testify and the trial of plaintiff Sharlean Gordon is to be broadcast to the public. In the three previous trials, all held in California, Monsanto executives have given testimony through depositions and have not had to take the stand in front of juries.

“Trial postponements make perfect sense right now,” said Susquehanna Financial Group analyst Tom Claps. “I believe that it is in everyone’s best interest to stay out of the courtroom at this time, especially when negotiations seem to be progressing in a positive manner.”

Amid the maneuvering, more cases continue to stack up. Lawyers for Monsanto were in court Monday in Independence, Missouri to set a schedule and trial date for a newly filed lawsuit brought by a woman suffering from non-Hodgkin lymphoma she claims she developed due to her residential use of Roundup.

Gregory Chernack of the Washington, D.C., -based Hollingsworth law firm, one of Monsanto’s long-serving defense firms, told the judge in Independence that Monsanto wanted the case consolidated with roughly 30 others being overseen by a different judge in Kansas City, Mo. Attorneys for plaintiff Sheila Carver objected to the suggestion, and asked the judge to go ahead and set a trial date. Jackson County Circuit Court Judge Jennifer Phillips decided to give the parties 30 days to file motions on the matter.

Bayer’s annual shareholders’ meeting is set for April 28 and analysts said investors would like to see either a settlement of the litigation by that time, or at least meaningful progress in containing the liability. Bayer’s stock took a dive, losing billions of dollars in value, after the first jury verdict in August 2018, and share prices remain depressed.

“Bayer’s stock has reacted negatively to each of the three trial verdicts. Therefore, Bayer does not want to face more negative trial headlines from losing another trial, especially while it is engaged in good faith settlement discussions,” said Claps.

There are multiple factors at play, however, including the uncertainty surrounding the outcome of the appeals that are pending for each of the three trials. If an appellate court were to overturn the jury findings of Monsanto’s liability, it would weaken the plaintiffs’ bargaining power for a global settlement. Conversely, the company’s position would be weakened if the jury verdicts are upheld on appeal. But no decision is expected on the appeals for several more months at least.

In December, the U.S. Department of Justice took the rare step of intervening in the litigation to side with Monsanto and Bayer in the appeal of one of the verdicts.

Six Monsanto Roundup Cancer Trials Set for January

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After several months out of the headlines, lawyers for both sides of the nationwide Roundup cancer litigation are gearing up for overlapping trials in the new year as several more cancer patients seek to blame Monsanto for their diseases.

Six trials are currently set to take place starting in January, with one in February, two in March and additional trials scheduled almost every month from April through October 2021. Thousands of additional plaintiffs still are working to get trial dates set for their claims.

The plaintiffs in the upcoming January trials include two children who were stricken by non-Hodgkin lymphoma allegedly after being repeatedly exposed to Monsanto herbicides at very young ages. Also set for January is the trial for a woman named Sharlean Gordon who has suffered several debilitating recurrences of her cancer. Another trial will present the claims of five plaintiffs who claim Monsanto’s herbicides caused their cancers.

Notably, two of the trials in January will take place in the St. Louis, Missouri area – where Monsanto was headquartered for decades before its acquisition in June 2018 by Germany’s Bayer AG. Those two trials will be the first to go before jurors in Monsanto’s home town. Gordon’s case was supposed to go to trial in the area last August but was postponed, as were others set for the second half of 2019, as Bayer and plaintiffs’ attorneys initiated settlement talks.

It is still possible that some sort of settlement – individual case-specific, or larger – could happen before January, but the lawyers on both sides are preparing for a schedule that presents numerous logistical challenges. Each trial is expected to last several weeks, and not only are some lawyers involved in trying cases with overlapping trial schedules, but a small group of expert witnesses will be testifying in multiple cases taking place at the same time.

Three trials have taken place so far  in the sprawling mass tort litigation, which began in 2015 after the International Agency for Research on Cancer (IARC) classified a chemical called glyphosate as a probable human carcinogen with a particular association to non-Hodgkin lymphoma. Since the 1970s, glyphosate has been the active ingredient in Monsanto branded herbicides, and is currently considered the most widely used herbicide in the world.

Plaintiffs’ attorneys say that the current line-up of cases represent even stronger claims for damages than the prior three trials.  “These are very strong cases,” said lawyer Aimee Wagstaff, who represents Gordon. In March, Wagstaff client Edwin Hardeman won an $80 million jury verdict from a San Francisco jury in his lawsuit against Monsanto.

For the Gordon case, Wagstaff has subpoenaed former Monsanto chairman Hugh Grant to testify live at the trial. Grant has thus far only testified through deposition and not had to testify in front of a jury; nor have other high-level Monsanto executives because the trials were held in California. But with the trial in St. Louis, plaintiffs’ lawyers are hoping to get some Monsanto scientists and executives on the stand for questioning. Grant’s attorneys have objected the making him appear in person, and both sides are awaiting a ruling on that matter.

In the most recent trial to take place, a jury in Oakland, California ordered Monsanto to pay more than $2 billion in damages to Alberta and Alva Pilliod, a married couple who both suffer from NHL they blame on exposure to Roundup.  The first trial ended in August 2018 when jurors in state court in San Francisco ordered Monsanto to pay $289 million  in damages to school groundskeeper Dewayne “Lee” Johnson, who has been diagnosed with a terminal type of non-Hodgkin lymphoma.  The judges in all three of those cases ruled that the awards were excessive and reduced the damage amounts, though the verdicts are currently under appeal.

More than 42,000 people  in the United States are now suing Monsanto claiming that Roundup and other Monsanto’s herbicides cause non-Hodgkin lymphoma. The lawsuits allege that the company was well aware of the dangers for many years but did nothing to warn consumers, working instead to manipulate the scientific record to protect company sales.

See the Email Trail Showing Influence Peddling by Press Association to Bayer

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Journalists around the globe have reacted with outrage to revelations published in The Guardian  this week that show Thanos Dimadis, the former executive director of the Foreign Press Foundation, offered an unusual arrangement to Bayer AG that called for using the press organization, which is dedicated to protecting a free press, in ways that would also protect and benefit Bayer’s business interests. In exchange for the influence and access into the press association, Bayer agreed to provide generous funding, the emails show, including extra money for Dimadis personally.

Dimadis has recently become president of a new organization called the Association of Foreign Correspondents in the USA (AFC-USA), which is primarily funded by Bayer, the German pharmaceutical and chemical giant that last year bought Monsanto Co.

Monsanto was mired in litigation over allegations its Roundup herbicide causes cancer when Bayer bought the company in June 2018. Three trial losses since the acquisition have worried Bayer investors and left Bayer to defend against Monsanto’s documented history of trying to manipulate media, scientists and regulators to benefit its own interests.

Bayer officials assert Bayer is dedicated to truth and transparency and supports a free press. The company denies it sought or received any undue influence within the Foreign Press Association or the new Association of Foreign Correspondents.

Here is a list of several of the emails:

Details of arrangement with Bayer

List of journalists for Bayer to select for engagement

Dimadis asks Bayer’s direction for press association “to strategize properly”

Dimadis asks for extra money for himself from Bayer

Bayer appreciates Dimadis’ actions and agrees to add money to the budget for Dimadis

See the full story.

Cancer Taking Toll As New Roundup Trials Near

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For the last five years, Chris Stevick has helped his wife Elaine in her battle against a vicious type of cancer that the couple believes was caused by Elaine’s repeated use of Monsanto’s Roundup herbicide around a California property the couple owned. Now the roles are reversed as Elaine must help Chris face his own cancer.

Chris Stevick, who often mixed Roundup for his wife and tested the sprayer used to dispense the weed killer, was diagnosed last month with chronic lymphocytic leukemia (CLL), a type of non-Hodgkin lymphoma. Unlike Elaine’s aggressive type of NHL known as central nervous system lymphoma, Chris’s cancer is a type that tends to grow slowly. He was diagnosed after a physical examination showed abnormalities in his blood and prompted further tests.

The diagnosis has prompted a scramble among lawyers involved in the sprawling Roundup products liability litigation given that the Stevick’s lawsuit against Monsanto is set as the next federal case to go to trial.

With the trial date of Feb. 24, 2020 looming, Elaine Stevick’s lawyers asked Monsanto’s attorneys if the company would agree that Chris Stevick’s cancer claims could be joined with his wife’s for the February trial in San Francisco. The attorneys argue that at the very least Chris Stevick’s diagnosis is admissible evidence at his wife’s trial as additional proof of their claim that Roundup exposure can cause non-Hodgkin lymphoma.

Monsanto’s attorneys oppose the joining of the claims and say that Elaine Stevick’s trial should only proceed in February if there is no mention made of her husband’s cancer. Alternatively, Monsanto requests that the February trial be delayed and the company be given time to do discovery into Chris Stevick’s diagnosis.

The issue is to be discussed in a case management conference Thursday, which the Stevicks plan to attend. U.S. District Judge Vince Chhabria said ahead of the hearing that he is “tentatively of the view” that a continuance of the trial will be necessary if the couple wants to try their claims together. He also said that if Elaine Stevick proceeds on her exposure claims alone, evidence of her husband’s cancer diagnosis “will likely be inadmissible….”

If the judge confirms that joining the claims would indeed require a continuance, Elaine Stevick will choose to proceed on her own in February, said attorney Mike Miller.

Earlier this year another husband and wife suffering from cancer, Alva and Alberta Pilliod, were awarded more than $2 billion in damages in their lawsuit against Monsanto, though the judge in the case lowered the damage award to $87 million. The Pilliod trial was the third Roundup products liability trial to take place and the third in which juries found that Monsanto’s Roundup herbicides cause non-Hodgkin lymphoma and that the company has hidden the risks from consumers. Alberta Pilliod’s cancer has recently returned and it is not clear she will survive much longer, according to her attorneys.

None of the people so far awarded money in the three trials have received any payout from Monsanto as its owner Bayer AG appeals the verdicts.

There are currently more than 42,000 people suing Monsanto in the United States, alleging that Monsanto’s herbicides cause non-Hodgkin lymphoma. The lawsuits additionally allege that the company was well aware of the dangers but did nothing to warn consumers, working instead to manipulate the scientific record.

The Stevick trial is only one of at least six in five different venues slated for January and February, with each expected to last several weeks. Many lawyers are involved in more than one of the cases, and all have overlapping expert witnesses, setting up organizational and resource challenges for both sides. Multiple trials that had been set for this fall were delayed until next year.

In the meantime, both sides of the litigation are keeping an eye on the California Appellate Court, where lawyers for plaintiff Dewayne “Lee” Johnson and lawyers for Monsanto are awaiting a date for oral arguments in their cross appeals. Monsanto is seeking to overturn the unanimous jury decision handed down against the company in August 2018. The trial judge in that case lowered the jury award from $289 million to $78 million and Johnson is appealing for the reinstatement of the full $289 million.

Johnson was the first to go to trial against Monsanto and his victory sent share prices in Bayer plummeting just two months after Bayer closed the purchase of Monsanto in June 2018. Johnson was  granted “trial preference” due to predictions by his doctors that he did not have long to live. Johnson has outlived those predictions, though his health continues to decline.

As the litigation drags on, several plaintiffs have died or are nearing death, or have suffered such extreme health problems that their ability to undergo the rigors of depositions and trials has become limited.

In some cases, family members are being substituted as plaintiffs for deceased loved ones. In legal parlance, the notices to the courts are titled “Suggestion of Death.”

Another St. Louis Roundup Cancer Trial Officially Postponed Until 2020

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A trial set to start next week over claims that Monsanto’s Roundup weed killers cause cancer has been postponed until at least next year, according to a judge’s ruling on Friday.

The trial would have been the first of its kind to take place in the St. Louis area, Monsanto’s hometown before the company sold to German pharmaceutical giant Bayer AG last year.

Two previously scheduled trials in St. Louis area were also postponed until next year. The status of the trial that had been due to start next week  – Walter Winston, et al v. Monsanto – had already been in doubt for weeks but the delay was made official Friday:

“Whereas the parties in the above-captioned case have requested that the Court take the trial in the above-captioned case off calendar, it is hereby ORDERED that the trial, scheduled for october 15, 2019 will not begin as scheduled. Cause set for status on Feb 10, 2020 @ 9:00 a.m. SO ORDERED: JUDGE MICHAEL MULLEN.”

The Winston case has been unraveling a thread at a time over issues of venue. The case was filed in St. Louis City Court but last month Mullen, who is a St. Louis Circuit Court Judge,  transferred all plaintiffs except Winston from the city court to St. Louis County. Lawyers for the plaintiffs then sought to have the trial take place in the county court on Oct. 15, a position Monsanto opposed. Last week, a judge in the county ruled against the plaintiffs bid for that trial date.

Lawyers for the plaintiffs are now asking for a trial date later this year or early next year. With the transfer of the 13 plaintiffs out of the Winston case in St. Louis City, the case in St. Louis County is now titled Kyle Chaplick, et al v. Monsanto.

“Monsanto’s repeated attempts to avoid the trial…  should be rejected, and the case should be set for trial in 2019 or as soon thereafter as is practicable,”‘ the plaintiffs’ attorneys stated in a motion filed Oct. 3.

The 14 plaintiffs who were in the Winston case are among more than 18,000 people in the United States suing Monsanto claiming that exposure to the company’s glyphosate-based herbicides caused them to develop non-Hodgkin lymphoma and that Monsanto hid the risks associated with its weed killers.

Three juries in three trials over similar claims have found in favor of plaintiffs and ordered large punitive damages against Monsanto.

Bayer and lawyers for the plaintiffs are engaged in discussions about a potential global settlement  of the litigation. Bayer has been dealing with a depressed share price and disgruntled investors ever since the Aug. 10, 2018 jury decision in the first Roundup cancer trial. The jury awarded California groundskeeper Dewayne “Lee” Johnson $289 million and found that Monsanto acted with malice in suppressing information about the risks of its herbicides.

Monsanto, Bayer Struggle to Keep Up with Growing Roundup Cancer Litigation

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Turmoil both in and outside courtrooms appears to be growing for Monsanto, a unit of German owner Bayer AG, as the company works to meet overlapping deadlines for appeal actions in the three Roundup cancer trials Monsanto has lost so far at the same time that the company must prepare for new trials at the end of this summer.

The weight of the litigation burden was laid out by a Monsanto/Bayer attorney in a recent California Court of Appeal filing seeking more time to file a brief in Monsanto’s appeal of the first case it lost last summer.

That plaintiff in that case, Dewayne “Lee” Johnson, was awarded $289 million by a San Francisco jury who determined that Johnson’s non-Hodgkin lymphoma was caused by his exposure to Monsanto’s glyphosate-based herbicides. As part of the $289 million, the jury ordered $250 million in punitive damages after Johnson’s attorneys presented evidence that Monsanto suppressed the evidence of the risks of its herbicides.

The trial judge lowered the damage award to $78 million, and Johnson is cross-appealing to reinstate the full verdict.

Monsanto’s appeal argues, among other things, that if the court refuses to reverse the judgment there should be no punitive damage award at all, even if Johnson is awarded a small amount for compensatory damages.

In the recent filing, Bryan Cave attorney K. Lee Marshall told the court he needs an extension of time to prepare the next brief that is due in the Johnson appeal because of the various deadlines in the multiple cases Monsanto is defending against. He cited post-trial motion deadlines in Pilliod v. Monsanto, in which a jury ordered Monsanto pay more than $2 billion in damages, and deadlines in Hardeman v. Monsanto, in which a jury ordered the company to pay roughly $80 million in damages. Monsanto is seeking to overturn both those verdicts as well.

Last week, Monsanto filed notice in federal court that it – along with insurer Liberty Mutual Insurance Co. – had posted a $100 million bond as it plans to appeal the Hardeman verdict. The company has a July 2 hearing on its request for the trial judge to set aside the verdict and order a new trial.

“In light of the imminent post-trial motion briefing deadlines in Hardeman and Pilliod, I am, and will be, devoting a significant amount of time over the next several weeks to the post-trial motions that challenge the enormous verdicts in those cases. These time-sensitive commitments will substantially impair my ability to devote time to prepare… in this appeal,” Marshall told the court.

As well, he wrote, the Johnson case is “unusually complex and presents numerous complicated issues.” In-house counsel at Bayer wants to review, comment on and edit the reply brief before it is filed, he added.

The Johnson appeal is being handled on an expedited basis due to Johnson’s declining health and terminal cancer diagnosis. Johnson’s attorneys have said they expect oral arguments to be set for the appeals by September or October, with a final ruling expected within 90 days following oral arguments, possibly by Thanksgiving.

If Monsanto loses its bid for a new trial in the Hardeman case the company is expected to file an appeal with the Ninth Circuit Court of Appeals in a process that would likely drag into next spring, attorneys involved in the litigation said.

Meanwhile, the next trial is set to get underway Aug. 19 in St. Louis, the longtime hometown for Monsanto before it was acquired by Bayer in June 2018. The case involves plaintiff Sharlean Gordon, a cancer-stricken woman in her 50s.  The case was filed in July 2017 on behalf of more than 75 plaintiffs and Gordon is the first of that group to go to trial.

More than 13,000 plaintiffs have filed suit against Monsanto in the United States alleging they developed non-Hodgkin lymphoma due to exposure to Monsanto’s glyphosate-based weed killers, such as Roundup.

As the litigation proceeds, Bayer investors grow more restless and many are pushing Bayer to seriously consider a global settlement, sources say. Various analysts put a potential settlement number between $2 billion to $3 billion on the low side, up to $10 billion or slightly more as the high end of a range.

Bayer’s shares have fallen 44 percent since the Johnson verdict was handed down last August.

An internal Bayer email dated June 13 revealed that the company is launching a new marketing effort aimed at distancing itself from Monsanto’s questionable conduct.

The email sent from Bayer CEO Werner Baumann stated: “We are currently facing questions of public trust. This challenge is also an opportunity for us to demonstrate what we stand for. That’s why we are
raising the bar as we are setting off on a journey to elevate our efforts in transparency,
sustainability and how we engage with our stakeholders. As the new leader in agriculture, we
aim to set standards that not only align with the norms of our industries, but push all of us to be
better.”

“Transparency is our foundation. We will evolve our engagement policies that ground all of our
interactions with scientists, journalists, regulators and the political sphere in transparency,
integrity and respect,” the internal Bayer email states.