The Biden administration today finalized its definition of which wetlands and waterways are protected by the Clean Water Act. The rule from the U.S. Environmental Protection Agency (EPA) and the Army Corps of Engineers...more
The Superior Court of Delaware in a July 11th Opinion addressed issues arising out of a damage action filed by the State of Delaware (“State”) against a manufacturer of polychlorinated biphenyls (“PCBs”). See State of...more
Last year Bayer announced a plan to settle lawsuits alleging injury due to exposure to Roundup™. Lawsuits alleging injuries related to pesticide exposure, such as the lawsuits involving Roundup™, are not new, and they are...more
Court allows Exide to abandon a toxic site in Vernon. Taxpayers will fund the cleanup - Bullet Los Angeles Times – October 16 - Chief Judge Christopher Sontchi of the U.S. Bankruptcy Court District of Delaware ruled...more
A California Court of Appeal affirmed the lower court’s finding that Monsanto had the strict liability duty to warn of potential risks and side effects of its Roundup herbicides. It further affirmed that FIFRA does not...more
What happens when an international research agency decides that the most widely used herbicide in the world may cause cancer? Well, it depends. Are you asking a judge? Or jurors?...more
Bayer to pay more than $10B to resolve lawsuits over Roundup, PCBs, and Dicamba - Bullet NPR – June 24 - Bayer will pay more than $10 billion to end tens of thousands of lawsuits filed over its Roundup weedkiller, the...more
Ninth Circuit considers whether federal law takes precedence over California statute requiring warnings about chemicals. Hardeman v. Monsanto, pending before the Ninth Circuit Court of Appeal, raises issues as to whether a...more
Apple announced that the coronavirus outbreak that’s brought Chinese manufacturing to a near-standstill and continues to spread around the world will affect its quarterly sales expectations. The news makes Apple “one of the...more
Glyphosate is a widely used herbicide perhaps best known for being the active ingredient in the blockbuster weed killer Roundup®. As many readers are probably aware, Roundup® is currently the subject of both state and...more
The European Central Bank announced on Thursday that is likely to revive the quantitative easing program aimed at “pump[ing] money into the region’s financial system,” a major reversal from just 6 months ago, when the ECB...more
Welcome to the second 2019 issue of Product Lines – our quarterly e-newsletter that focuses on toxic torts and products liability issues. For this edition, we are reporting on several important and timely legal issues. As...more
In the Wake of Monsanto, All Eyes are on the Cheerios Glyphosate Case - Doss v. General Mills, No. 18-cv-61924 (S.D. Fla Aug.17, 2018) - The Skinny: Last fall, a jury in California awarded $289 million to a plaintiff...more
Can you be forced to slap language on a product you sell that not only do you not agree with but which can be false or misleading – and scare your customers? In California the answer is yes. But that may be finally...more
Monsanto’s (and, in turn, Bayer AG’s) terrible, horrible, no good, very bad day in court over its Roundup products’ links to cancer continued yesterday, as a jury awarded $80 million to the California man who it had already...more
As you all know, the Northern District of California jury found earlier this week that Monsanto’s Roundup herbicide product was a “substantial factor” in causing a plaintiff’s non Hodgkin lymphoma. The defendants and industry...more
The US and China have scheduled two more rounds of high-level trade talks with hopes for an agreement between the economic superpowers by late April, even as China has begun to push back against some of the US’s major...more
Recently, a jury in San Francisco was asked to determine whether “Roundup,” the world’s most popular and widely used herbicide, causes cancer - a question debated in hundreds of studies by oncologists, clinicians, chemists...more
By now, we have all heard about the $289 million verdict against Monsanto in the Roundup litigation. A California jury awarded the sum to Dewayne “Lee” Johnson, a school groundskeeper who claimed that exposure to Roundup...more
The $289 million judgment from a California jury against Monsanto earlier this week relating to its Roundup product is significant both from a legal and a policy standpoint. From a legal perspective, the simple fact that...more
Late last week, a California jury found Monsanto liable in the first of a series of cases accusing the Roundup weedkiller maker of causing plaintiff Dewayne Johnson’s non-Hodgkin’s lymphoma, awarding him an incredible $289...more
On June 12, 2018, the United States District Court for the Eastern District of California denied the California Attorney General’s request for the court to reconsider its decision in February that California cannot require...more
Recently, a federal judge sitting in the Eastern District of California (Sacramento), for the first time, refused to require a manufacturer to place a Prop 65 warning on its product based on a finding that the requirement...more
February was a busy month in the Proposition 65 world with two developments that may impact businesses that manufacture or sell processed meat or chocolate products. In addition, the United States District Court for the...more
California Proposition 65 litigation over acrylamide in food has been heating up lately, receiving national news coverage in anticipation of a ruling in a fiercely contested case involving exposure to acrylamide in coffee. ...more