(Reuters) – A federal judge overseeing lawsuits alleging Bayer AG’s glyphosate-based Roundup weed killer causes cancer on Friday declined to rethink a ruling that limits evidence the plaintiffs in the litigation contemplate essential to their instances.
FILE PHOTO: Monsanto Co’s Roundup is proven on the market in Encinitas, California, U.S., June 26, 2017. REUTERS/Mike Blake/File Photo
U.S. District Judge Vince Chhabria throughout a listening to in San Francisco federal court docket denied a plaintiff lawyer’s request to evaluation the choice, saying trials earlier than him ought to concentrate on scientific evidence.
Chhabria on Thursday granted Bayer unit Monsanto’s request to cut up an upcoming trial into two phases. The order initially bars legal professionals for plaintiff Edwin Hardeman from introducing evidence that the corporate allegedly tried to affect regulators and manipulate public opinion.
The resolution lifted Bayer’s shares, which on Friday closed up 6.7 % at 64.90 euros ($74.02).
Thursday’s order applies to Hardeman’s case, which is scheduled to go to trial on Feb. 25, and two different so-called bellwether trials meant to assist decide the vary of damages and outline settlement choices for the remainder of the 620 Roundup instances earlier than Chhabria.
Brent Wisner, a lawyer for the plaintiffs, throughout Friday’s listening to instructed Chhabria his ruling is “unfair” as their scientific evidence allegedly exhibiting glyphosate causes cancer is inextricably linked to Monsanto’s alleged wrongful conduct.
“The science doesn’t exist in some isolated, untouched world,” Wisner stated, including that evidence of Monsanto’s alleged makes an attempt to manipulate, misrepresent and intimidate scientists has to be included.
The legal professionals contend that such evidence, together with inside Monsanto paperwork, confirmed the corporate’s misconduct and had been essential to a California state court docket jury’s August 2018 resolution to award $289 million in an identical case. The verdict despatched Bayer shares tumbling on the time, although the award was later decreased to $78 million and is below attraction.
But Chhabria slammed that request, saying he didn’t need plaintiffs to “focus on misrepresenting statements” by Monsanto workers.
“My point is you’re mischaractarizing what Monsanto people have said, you’re putting your own spin on (it),” Chhabria stated.
Bayer denies that glyphosate causes cancer, saying many years of unbiased research have proven the world’s most generally used weed killer to be protected for human use.
But the corporate faces greater than 9,300 U.S. lawsuits over Roundup’s security in state and federal courts throughout the nation.
Under Chhabria’s order, evidence of Monsanto’s alleged misconduct could be allowed provided that glyphosate was discovered to have precipitated Hardeman’s cancer and the trial proceeded to a second section to decide Bayer’s legal responsibility.
Reporting by Tina Bellon in New York; Editing by Bill Berkrot
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