Monsanto Faces Uphill Fight In Axing Punitives From Trial

Law360, Oakland, Calif. (April 25, 2019, 9:54 PM EDT) -- A California judge said Thursday she'll likely allow jurors to consider awarding punitive damages in the third jury trial over claims that Monsanto's popular Roundup weedkiller causes cancer, after the Bayer AG unit argued that there's no evidence its conduct was malicious.

During a hearing in Oakland, Monsanto's counsel, Eugene Brown Jr. of Hinshaw & Culbertson LLP, argued that allegations Monsanto knew of Roundup's cancer risks in the 1980s are "completely speculative." Brown said that in order for punitive damages to be awarded, a defendant's conduct must be vile and despicable.

"There is absolutely no evidence that its conduct rises to...

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