$7.25 Billion Roundup Settlement Sent Back to State Court in Blow for Objectors
A $7.25 billion settlement that could potentially resolve tens of thousands of Roundup lawsuits is heading back to state court. A federal judge on Wednesday rejected efforts by a group of plaintiffs opposed to the settlement to permanently move the approval process to federal court.
The venue of the settlement, which could impact people who claim they developed non-Hodgkin lymphoma after using the popular weed killer, is likely critical to its success or failure.
Agricultural giant Bayer has wanted the case to remain in state court, where it received hasty preliminary approval from a Missouri judge after it was first filed in February.
While the settlement could provide some compensation to tens of thousands of active lawsuits, it has faced significant pushback.
A Controversial Settlement Proposal
Some people who have filed lawsuits and the lawyers representing them do not believe that the agreement adequately compensates people who developed cancer after using the weed killer. Under the settlement’s terms, many people who have filed lawsuits could walk away with $10,000 or less.
Another point of contention was the opt-out process, which opponents of the Roundup settlement claimed was overly complex and difficult to complete. The settlement also affects future claims, meaning people who have not filed lawsuits could be barred from bringing new cases.
A group of objectors took advantage of an unusual legal maneuver in an effort to derail the settlement. They claimed they were the true defendants in the case because Bayer and select plaintiffs agreed on the settlement. Therefore, these “true defendants” claimed the right to remove the proceedings to federal court, where success would be far less likely.
“This was a really creative argument by the plaintiffs to try and get the case moved in front of a more favorable judge,” said Whitney Ray Di Bona, attorney and consumer safety advocate at Drugwatch. “But, as many predicted, the court rejected it.”
If the case had been cleared to remain at the federal level, it likely would have been sent to the judge who oversees all Roundup lawsuits filed in federal court. That judge has been an outspoken critic of the settlement, calling it a “filthy” deal.
Instead, the deal will return to a more favorable venue. A final approval hearing for the settlement is set for July 9.
Supreme Court Decision Looms for Roundup Lawsuits
As the settlement process plays out for the Roundup lawsuits, a key decision from the U.S. Supreme Court is also expected soon.
Earlier this year, the court took up a Roundup case and heard arguments on an issue that Bayer is hopeful could free it from much of the ongoing litigation. The company is relying on federal preemption, a legal principle that federal laws overrule conflicting state regulations.
Bayer believes that, since the Environmental Protection Agency approved Roundup’s label without a cancer warning, individual lawsuits shouldn’t be able to rely on the failure-to-warn claims that are central to these cases.
A final decision from the Supreme Court is expected within the next few weeks.