1st Circ. Won't Revive $28M Monsanto PCB Liability Suit

Law360, New York (December 11, 2017, 4:46 PM EST) -- Monsanto Co. and its Pfizer Inc.-owned successor couldn't have known polychlorinated biphenyls cause cancer in 1969, so they don't have to face a $28 million lawsuit from a Massachusetts town over PCB contamination, the First Circuit said Friday.

The three-judge panel upheld a lower court's dismissal of the case, saying that at the time when Westport, Massachusetts, used window caulk featuring the chemical, there were no scientific studies showing it was dangerous to human health. Therefore Monsanto, now known as Pharmacia Corp., couldn't have predicted the chemical's harm, the court said.

Monsanto didn't make the caulk itself, but rather plasticizers inside...

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