Plaintiffs involved in Monsanto's weed killer Roundup litigation opposed the federal judge's proposal to bifurcate upcoming bellwether trials into separate general causation and specification trials and called the decision as "unorthodox" and "ill-advised."
The agrochemical company would prefer the federal court trials to be conducted in two separate phases; one involving medical causation; the second phase to address liability issues if the plaintiffs prevail in the first phase. The company asserted the issue of causation and compensatory damages are separate from the negligent conduct claims filed against them and bifurcation suggested by the judge would unnecessarily delay the case resolution. Plaintiff attorneys call the bifurcation decision as "unheard of" in the modern multidistrict litigation (MDL) which is under U.S. District Court Judge Vince Chhabria.
More than 600 lawsuits are pending in the MDL alleging exposure to glyphosate-based herbicide manufactured by Monsanto developed deadly cancer in several individuals. Judge Chhabria indicated he would rule on this issue before Christmas. The next bellwether trial date is set for February 25, 2019, involving claims filed by a California resident Edwin Hardeman.
