Thirty-seven lawsuits filed nationwide alleging that Monsanto’s Roundup causes the cancer non-Hodgkin’s Lymphoma (NHL) have been consolidated in the Northern District of California for coordinated discovery and pretrial proceedings. On Oct. 3, 2016, the U.S. Judicial Panel on Multidistrict Litigation (JPML) determined that court warranted centralization because two of the earliest and most advanced cases were filed there in April. U.S. District Judge Vince Chhabria will oversee the litigation and will preside over his first multidistrict litigation (MDL).
Lawsuits filed by the Plaintiffs’ allege that Roundup’s herbicide glyphosate can cause NHL and that Monsanto failed to warn consumers and regulators about the alleged risks. Several of the cases have already survived motions to dismiss that rejected Monsanto’s argument that Plaintiffs’ claims were preempted by the Federal Insecticide, Fungicide, and Rodenticide Act. These cases were filed shortly after the World Health Organization’s International Agency for Research on Cancer declared glyphosate a probable human carcinogen in March 2015.
Many Plaintiffs were in favor of the MDL’s formation, but Monsanto was not. In its oral arguments to the JPML, Monsanto claimed that the lawsuits were based on questions of fact that were too individualized for consolidation. Such facts included determining the nature of each user’s exposure, the type of formulation used, and the specific type of NHL contracted. The Panel disagreed, concluding that all the actions contain one overarching query – whether glyphosate causes NHL in persons exposed to it while using Roundup.
We expect the number of these lawsuits to increase as more people become aware of the risks posed by Roundup. Lawyers in our firm’s Toxic Torts Section, are currently investigating cases where commercial applicators of Roundup were diagnosed with NHL. These include farmers, gardeners, landscapers, and others regularly and consistently exposed to glyphosate in the course of their occupation. If you have any questions about this litigation, contact Rhon Jones or John Tomlinson, lawyers in our firm’s Toxic Torts Section, at 800-898-2034 or by email at Rhon.Jones@beasleyallen.com or John.Tomlinson@beasleyallen.com.
Contact us today for a free legal consultation with an experienced attorney.
Fields marked *may be required for submission.
If you would like to subscribe to the Jere Beasley Report digital edition, simply visit our Subscriptions page and provide the necessary information or call us at 800-898-2034.
Attorney Advertising - Prior results do not guarantee a similar outcome.