Calif. Says Man's $78M Roundup Verdict Not Preempted

Law360 (February 12, 2020, 9:49 PM EST) -- California on Tuesday told a state appeals court that a man's claims that Monsanto's weedkiller Roundup gave him cancer are not preempted by federal law, which the company has given as a reason to overturn the former groundskeeper's $78 million award.

A state court jury in 2018 found that Roundup was a substantial factor in causing DeWayne Johnson's non-Hodgkin's lymphoma, but Monsanto has appealed that ruling, arguing, among other things, that the Federal Insecticide, Fungicide and Rodenticide Act preempts Johnson's claims. In a brief filed Tuesday, the company said the U.S. Supreme Court's 2009 ruling in Wyeth v. Levine, which held that...

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