Bayer: Is tilted, the glyphosate judgment against Monsanto?


Behind the 289-million-Dollar judgment against Monsanto a big question mark all of a sudden. For the parent company, Bayer is much.

Important part of success for Bayer AG: In the first the US alleged cancer risks from weeds, the daughter of Monsanto killers with the controversial active ingredient glyphosate makes a u-turn. The competent judge Suzanne Ramos Bolanos upheld on Wednesday (local time) in San Francisco, preliminary to a motion that the case in essential Parts to reopen. You made the Bayer group in an appeal hearing, hope for a significantly lower penalty.

The case for the agricultural chemical giant is enormously important – it’s about a $ 289 million (251 million euros), heavy judgment, the signal for thousands of other lawsuits. In August, a Jury of the court in California Monsanto to pay compensation for Damages in the hundreds of millions of the lymph glands, cancer plaintiff Dewayne “Lee” had condemned Johnson.

“Malicious Intent”

The jury saw it as proven that glyphosate-containing Monsanto’s products are carcinogenic, and the manufacturer warned not only sufficient, but even in malicious intent, the risks are obscured. Monsanto appealed and urges that the case is heard due to insufficient evidence. The Tribunal agreed on a provisional Basis to a large extent.

The plaintiffs ‘ lawyers had not presented “clear and convincing evidence” of willful misconduct by Monsanto, it was stated in the reasoning of judge Bolanos. This could reduce the damages significantly. The subsequent, more-than-two-hour-long court hearing was part of heated – Monsanto’s defenders raised severe allegations against the plaintiff. They accused, in particular, the lawyer, Brent Wisner, who had rode the judgment of August, only to have the Jury with falsehoods incited.

Comparisons with the tobacco industry

“This was not a fair process,” said Monsanto’s lawyer, George Lombardi several times and strongly called for a new edition. Wisner, who could not appear personally in court, and his colleague, Michael Miller represented, reported and applied by phone: “I’m accused constantly of the lie”, he had to behave to the Jury correctly. The jury could have made an informed decision – should not be repealed.

Monsanto had been annoyed in particular about Wisners comparisons with the tobacco industry, the class action plaintiffs had to pay due to fraudulent misrepresentation regarding the risks of cigarettes a number of billion.

Bayer price to

Judge Bolanos finished the court date, ultimately, without a formal arrangement to send the process in the next round. They called on the parties to the dispute, to Friday, once again in writing their arguments to be submitted and announced, after final set.

For investors, the preliminary decision was already very good. The share price of Bayer rose in after-hours trading, in a first reaction to almost five percent. After the verdict in August, had led to a sharp fall in the share price of Bayer’s stock market pushed the value temporarily to over 15 billion euros.

For Monsanto’s German parent company, which had acquired the U.S. seed giant with headquarters in St. Louis until mid-year for around 63 billion dollars, is the decision of the court of enormous importance. Because in the U.S. approximately 8,700 actions brought on the grounds of possible diseases caused by glyphosate, Monsanto to run. The case, Johnson is particularly controversial, since it is the first judgment, and it could be pointing the way for numerous other lawsuits.

For years, armed to the possible carcinogenic effect

The 46-year-old plaintiff Johnson 2014 cancer of the lymph nodes was diagnosed. He made a Monsanto weed killer such as Roundup and Ranger Pro for his disease. With the products he fumbled in his previous Job as a groundskeeper at California schools frequently. Johnson is not expected to live, according to the assessment of his Doctors because of his advanced cancer suffering a long time, therefore he had the right in California to a faster start of the process. Judge Bolanos should arrange new negotiations, it is likely Johnson’s try lawyers, this decision to appeal.

On the question of whether Monsanto selling Roundup may lead to cancer, is fighting for years – the science is here, as yet, no clear answers. The International cancer research Agency of the world health organization (WHO) classified the widely used weed killer in 2015 as “probably carcinogenic” for humans. Monsanto and Bayer to reject this vehemently, and references to “more than 800 scientific studies, the U.S. EPA, the National institutes of Health, and overseer of the world”, which showed that glyphosate was safe and not cancer causing.