Pesticide Litigation: Proposed Bayer Settlement, Other Glyophate Claims, Use of Scientific Panels as Triers of Fact

A live 90-minute CLE video webinar with interactive Q&A


Tuesday, August 24, 2021

1:00pm-2:30pm EDT, 10:00am-11:30am PDT

Early Registration Discount Deadline, Friday, August 6, 2021

or call 1-800-926-7926

The CLE webinar will provide an update on environmental litigation related to pesticides, in particular glyphosate. The panel will discuss the recently announced Bayer $10.9 billion settlement to settle the majority of the estimated 125,000 claims regarding Roundup. The panel will discuss the significant uptick in claims against various pesticide products, including Paraquat, the "next Roundup," from several manufacturers both within and outside the U.S. The panel will address the utilization of a five-member scientific panel as the future trier of fact to assess the dangers of Roundup, particularly whether it can cause non-Hodgkin's lymphoma and permitted safe levels.

Description

Bayer announced it will pay up to $10 billion to settle an estimated 125,000 claims about three-quarters of the filed litigation against Bayer, alleging Roundup(R) caused the plaintiffs' non-Hodgkin's lymphoma. However, this settlement is part of an ongoing series of claims against pesticide manufacturers.

Environmental litigators should be aware of the trends in these cases against glyophate and other pesticides, coming after three juries found against Bayer in similar circumstances and awarded stunning settlements. Additionally, the judge handling the Bayer case has rejected the proposed $2 billion class settlement agreement for potential future cases that might be brought by those who have not yet developed any illnesses.

Glyphosate typifies the problems associated with research and regulation of pesticides, particularly about the current significant split opinion between regulators, manufacturers, and scientists on glyophate's health effects. Another common pesticide, Paraquat, has seen a significant uptick in cases and potential class actions filed against its manufacturer and is being discussed as the "next Roundup."

The anticipated class agreement hinged on forming a five-member scientific panel to assess the dangers of Roundup, particularly whether it can cause non-Hodgkin's lymphoma and permitted safe levels. The court noted it was inclined to oppose this part of the proposed settlement, citing issues of constitutionality and lawfulness in delegating the decision on causation from judges and juries to a panel of scientists.

Listen as our expert panel discusses the state of pesticide litigation, how and if the Bayer settlement may affect future claims, and what is on the horizon related to resolving these complex claims involving the intersection of chemicals and potential disease.

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Outline

  1. History of Roundup(R) litigation
  2. Proposed Bayer settlement of 125,000 claims
  3. Proposed Bayer settlement of future claims
  4. Paraquat and other pesticide litigation
  5. Use of scientific panels

Benefits

The panel will review these and other relevant topics:

  • What is the status of the settlement of Roundup(R) claims?
  • How will the Bayer settlement affect future claims regarding glyphosate or similar pesticides?
  • How will the class agreement for future cases for individuals without current illnesses most likely be resolved?
  • How does Paraguat litigation differ from Roundup cases?
  • What are the issues with using a scientific panel to determine causation and safe levels of pesticides? How does constitutionality intersect with determining complex scientific processes?

Faculty

Coughlin, Timothy
Timothy J. Coughlin

Partner
Thompson Hine

Mr. Coughlin is Chair of the firm’s Mass & Toxic Tort Group and leads the Chemical Industry Group, a...  |  Read More

Additional faculty
to be announced.
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Early Discount (through 08/06/21)

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Early Discount (through 08/06/21)

You may pre-order a recording to listen at your convenience. Recordings are available 48 hours after the webinar. Strafford will process CLE credit for one person on each recording. All formats include program handouts.

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