MDL Judge Urged To Block $7.25B Roundup Non-Hodgkin’s Lymphoma Settlement

Supporters of settlement say federal courts no longer have jurisdiction over the majority of Roundup lawsuits, which await resolution in Missouri state court.

Despite the preliminary approval of a $7.25 billion Roundup lawsuit settlement agreement last month, some law firms are reportedly fighting against the proposed deal, saying it defines who should be included too broadly, and that it is unnecessarily burdensome for litigants to opt out.

Bayer and its Monsanto subsidiary have faced more than 120,000 Roundup cancer lawsuits filed in both federal and state courts over the last several years. This followed a report in March 2015 by the International Agency for Research on Cancer (IARC), warning that the active ingredient in the weed killer, glyphosate, was a likely human carcinogen. 

Each claim involves similar allegations that the manufacturers knew or should have known that Roundup exposure increased the risk of cancer, particularly non-Hodgkin’s lymphoma, and that Monsanto hid that information from consumers to keep profits high at the expense of public health.

Since the litigation began, several trials over allegations that Roundup can cause cancer have been held nationwide in both state and federal courts. Many of these trials have resulted in multimillion, and sometimes multibillion dollar verdicts for plaintiffs. Some of the larger rewards have been reduced by judges, despite being upheld.

The first Roundup cancer trial was presented in California state court in August 2018, ending in a $289 million verdict for a school groundskeeper. This payout was later reduced to $78 million. The first Roundup case to go before a federal jury was held in 2019, ending in an $80 million verdict. Later that year, another California state trial led to a $2 billion verdict for a couple who both developed cancer after working with Roundup for years. That award was later reduced to $87 million.

Roundup Settlement

Over the last several years, plaintiffs and Bayer have tried to work out a settlement agreement. After several failed attempts, a Missouri state judge granted preliminary approval in early March to a $7.25 billion deal, detailing that the terms seemed fair.

However, two law firms filed a motion (PDF) in the Northern District of California on April 8, seeking injunctive relief for plaintiffs whose claims were filed or transferred to a federal Roundup multidistrict litigation (MDL) under U.S. District Judge Vince Chhabria. Created in 2016, the federal MDL was designed to coordinate discovery and pretrial proceedings for the federal cases. Judge Chhabria also ushered the parties to the first federal bellwether trial.

According to the motion, the Missouri state judge’s approval should not impact the MDL plaintiffs, saying the state judge overstepped his authority in approving the deal class-wide. They also argue that the process for opting out was made intentionally complicated to dissuade plaintiffs who were unhappy about the deal from doing so easily.

Monsanto and firms representing the majority of claims filed a joint brief (PDF) in response to the motion on April 21, calling for it to be rejected and saying the Northern District of California has no jurisdiction to even accept the motion, let alone overturn the Roundup settlement agreement.

“The proposed Settlement is not before this Court. Nonetheless, Movants ask this Court to assume plenary authority over the Settlement, to issue orders changing its terms, and to dictate to the Missouri Court how to implement and review it. The requested injunctive and declaratory relief—e.g., to exclude certain members from the class, and to change the opt out process—would effect a rewrite of the Settlement and would interfere with the authority of the Missouri Court.”

– Joint Brief in Opposition to Motion for Injunctive or Declaratory Relief

The plaintiffs supporting the settlement claim they represent more than 60% of all Roundup lawsuit plaintiffs and allege that the firms calling for the injunctive relief represent less than 1% of plaintiffs. In their opposition brief, they indicate that there are only 250 Roundup cancer lawsuits remaining in the federal MDL, with the vast majority of claims now under the purview of the Missouri state court.

Judge Chhabria has scheduled a motion hearing for Thursday, April 30, in San Francisco.

Bayer Seeks Bailout by Supreme Court

Despite the proposed settlement, Bayer has continued its efforts to avoid liability from future lawsuits not covered by the agreement, asking the U.S. Supreme Court to rule that failure to warn claims cannot be brought over pesticides that have received federal approval.

The Supreme Court announced it has agreed to hear the case in January, and is likely to return an opinion by the end of its term in June. Numerous parties, including the federal government and more than a dozen state attorneys general have filed briefs in support of Bayer’s call for immunity, following an intense, multi-state lobbying campaign.

Previously, Bayer indicated it would remove glyphosate from Roundup products sold in the U.S. However, in February the White House announced plans to encourage ramped up production, claiming the need for the herbicide was a matter of national security.

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