For decades, scientists and other researchers have contended Roundup, an above-average weed killer designed to destroy weeds on contact contains chemicals that may cause cancer. However, the lawsuit against Monsanto, which produces the weed killing product, could be dealt an unforeseen blow if other judges contend that expert testimony is ‘shaky’ just as the current presiding judge determined.
Could the lawsuit intending to kill Roundup’s credibility end up getting derailed? Or will the lawsuit withstand this tough round of questioning and forge on toward trial?
Our Riverside product liability attorney discusses the case and potential impact on similar products.
What launched this case?
There are two different cases that are conjoined under the class action suit which will probably be settled for $21.5 million dollars, or approximately $.50 per dollar lost. In the suit, it’s alleged that Monsanto both overstated the concentration levels of chemicals, and also alleges an issue with spray amounts.
Consumers from California who purchased any Roundup product included in this suit on or after October 13, 2012 are eligible for a small cash disbursement once the settlement is finalized. Those consumers from other states with bad products can also file claims but must follow their state’s statute of limitations.
While consumers may win up to 50% of every dollar spent on Roundup products, let’s not get ahead of ourselves: the judge may find the expert testimony brought by the plaintiff isn’t up to snuff and trash the whole case.
Is Roundup, or the experts, killing the case?
Our Riverside product liability attorney, when he takes similar cases individually or certifies classes, takes witness testimony seriously. Therefore, only credible witnesses that have demonstrated their expertise in their fields of study will be considered for these cases. Poor experts make good cases turn south quickly.
In this case, Roundup is strategically picking apart the witness’s account of how dangerous the weed killer actually is. Perhaps research is conflated, or maybe the concentration isn’t really too far off. Nonetheless, the settlement goes to final hearing on April 17, so if that’s approved, perhaps the litigants will get a boost.
Roundup isn’t killing their own defense, but instead are making it rather difficult to present the jury overwhelming evidence of willful negligence.
What suits like this teach us
Product liability cases are huge undertakings, make no mistake. One cannot drag an iconic brand into court without having numerous injured persons and substantial evidence of willful noncompliance with state and federal production laws.
Because not every Riverside product liability attorney handles cases similarly, we’ll leave you with this thought: our firm looks over one or numerous cases to assure enough credibility can be established. With numerous injured persons approaching our office, we make sure all cases have zero holes and always understand the victim deserves every penny they’re asking.
If you’ve got time to kill, look up some class action settlements involving defective products like Xarelto, Chantix or Samsung. Read through the cases and get a feel for what lengths defense teams will go through to discount claims.