Bayer to reportedly appeal $2B Roundup ruling with preemption argument

Bayer to reportedly appeal $2B Roundup ruling with preemption argument

May 17, 2019

Judge Napolitano on the $2B verdict against Bayer: I’m certain a judge will reduce this substantially

Fox News senior judicial analyst Judge Andrew Napolitano on the verdict in the Roundup lawsuit.

Bayer has reportedly devised their strategy on how to appeal a $2 billion jury decision reached earlier this week concerning Roundup weed killer.

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The company’s argument is based on recent determinations from the Environmental Protection Agency (EPA), Reuters reported Thursday.

The agency reaffirmed its position in April that the active ingredient glyphosate found in the weed killer posed "no risks of concern" for people exposed to it. The agency reaffirmed that the chemical "is not likely to be carcinogenic to humans."

A jury in California on Monday ruled in favor of Alva and Alberta Pilliod, a couple who claimed Roundup caused their cancer diagnoses, and awarded them $2.05 billion. Bayer vowed to appeal, saying that the decision “conflicts directly” with the EPA’s decision.

The ruling Monday marked the third defeat in court for Monsanto, who is owned by Bayer, in California since August. The company is facing 13,400 other related lawsuits.

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Bayer intends to counter by launching a preemption argument, saying that the cases filed under state law go against what’s been said by the EPA, a federal agency, Reuters reported, citing remarks from the company.

“We have very strong arguments that the claims here are preempted … and the recent EPA registration decision is an important aspect of that defense,” William Hoffman, one of Bayer’s lawyers, told reporters on Wednesday, according to Reuters.

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Preemption is defined as “a doctrine in law according to which federal law supersedes state law when federal law is in conflict with a state law.”

The defense will be applicable to the swath of legal battles the company faces, Hoffman reportedly said.

Fox Business’ Jade Scipioni and The Associated Press contributed to this report.

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