The plaintiffs’ attorneys accuse Bayer of getting a “pay-to-appeal system” in Roundup litigation

Bayer AG’s strategy of reaching a positive decision in its Roundup litigation is an established “pay-to-appeal system” that will undermine the US judicial system if it is allowed, plaintiffs’ attorneys said in one Letter to a court.

Attorneys helping lead the nationwide litigation on allegations that the weed killer caused cancer responded Thursday to a deal Bayer struck that essentially pays a Georgia man to continue fighting the company in court.

“The court should oppose this brazen manipulation of our judicial system,” said the letter to the US Court of Appeals in Atlanta.

Confidential handling

Bayer has defended its confidential settlement with Georgian doctor John Carson, telling the court that the agreement is structured to be approved by other appellate courts. Bayer’s ultimate goal is to win a ruling from the country’s Supreme Court that would undermine a key claim in the lawsuits and curb the steady stream of new cases in addition to the tens of thousands of claims the company has already resolved.

“The company has been completely transparent about its desire to appeal against no-warning Roundup cases on the grounds of the federal preliminary ruling, and this settlement, to which the plaintiff has voluntarily agreed, is an appropriate avenue for such an appeal,” said the company in a statement.

Bayer has agreed to pay up to $ 11.6 billion to resolve existing Roundup lawsuits from approximately 125,000 consumers and farmers in the United States that have not yet been filed. The litigation has been an ongoing obstacle for Bayer since purchasing Monsanto Co. in 2018. More lawsuits are filed almost every day.

The lawyers who signed the letter – including Brent Wisner and Jennifer Moore – have won Roundup judgments against Bayer and have settled cases with the company themselves. Your trial victories could be jeopardized if the Supreme Court takes Bayer’s side.

While Bayer disclosed some details of the Carson deal in a notice to the Atlanta court, it failed to disclose what plaintiffs’ attorneys identified as an onerous fine of $ 100,000 to be paid by Carson when he appeals withdraws.

The omission of this provision “is at first sight misleading and speaks for the deceptive nature of this legal remedy”, it says in the letter.

Bayer “pays Carson for the appeal and threatens him if he doesn’t get through,” the letter said.

Carson has not responded to requests for comment and his attorney, Ashleigh Madison, has refused to comment.

The case is Carson v Monsanto Co., 21-10994, US Court of Appeals for the 11th Circuit (Atlanta).

Top Photo: In this arranged photo in front of a house in Princeton, Illinois, USA, on Thursday, March 28, 2019, weeds are sprayed with a bottle of Bayer AG Roundup weed killer. Bayer pledged to further defend its Roundup weed killer after losing a second attempt over claims it causes cancer, suggesting the contested company is not yet ready to spend billions of dollars settling thousands of similar lawsuits. Photographer: Bloomberg / Bloomberg

Copyright 2021 Bloomberg.

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