By Evin Bachelor, Law Fellow, and Ellen Essman, Sr. Research Associate, Ohio State University
Bayer’s Monsanto quickly challenged a quarter billion dollar verdict granted by a San Francisco jury to a plaintiff who alleged that Monsanto’s Roundup weed killer caused his cancer.
Monsanto asked the judge to reconsider the jury’s verdict, and on Monday, Oct. 22, the judge reduced the punitive damages portion of the jury verdict from $250 million to $39.25 million. The judge accepted the jury’s finding that Monsanto acted with malice, but said that the evidence did not justify a quarter billion dollar award. The judge did uphold the $39.25 million compensatory damages verdict. In total, the plaintiff would receive a $78.5 million award. The plaintiff accepted the reduction in the award, saying that he will not ask the judge to reconsider the decision on damages. However, the litigation seems likely to continue.
This is an excerpt from “The Ag Law Harvest” the Ohio Agricultural Law Blog at ohioaglaw.wordpress.com.