Judge upholds Monsanto verdict, cuts award to $78 million

In this Aug. 10, 2018, file photo, plaintiff DeWayne Johnson reacts after hearing the verdict in his case against Monsanto at the Superior Court in San Francisco. (AP)
Updated 23 October 2018

Judge upholds Monsanto verdict, cuts award to $78 million

  • The jury awarded punitive damages after it found that the St. Louis-based agribusiness had purposely ignored warnings and evidence that its popular Roundup product causes cancer, including Johnson’s lymphoma

SAN FRANCISCO: A Northern California judge on Monday upheld a jury’s verdict that found Monsanto’s weed killer caused a groundskeeper’s cancer, but she slashed the amount of money to be paid from $289 million to $78 million.
In denying Monsanto’s request for a new trial, San Francisco Superior Court Judge Suzanne Bolanos cut the jury’s punitive damage award from $250 million to $39 million. The judge had earlier said she had strong doubts about the jury’s entire punitive damage award.
Bolanos gave DeWayne Johnson until Dec. 7 to accept the reduced amount or demand a new trial.
Johnson’s spokeswoman Diana McKinley said he and his lawyers are reviewing the decision and haven’t decided the next step. “Although we believe a reduction in punitive damages was unwarranted and we are weighing the options, we are pleased the court did not disturb the verdict,” she said.
Monsanto spokesman Daniel Childs said that the company was pleased with the reduced reward but still planned to appeal the verdict. Childs said there’s no scientific proof linking Roundup to cancer.
The jury awarded punitive damages after it found that the St. Louis-based agribusiness had purposely ignored warnings and evidence that its popular Roundup product causes cancer, including Johnson’s lymphoma.
Punitive damages are designed to punish companies that juries determine have purposely misbehaved and to deter others from operating similarly.
In a tentative ruling on Oct. 11, Bolanos said it appeared the jurors overreached with their punitive damages award. She said then that she was considering wiping out the $250 million judgment after finding no compelling evidence presented at trial that Monsanto employees ignored evidence that the weed killer caused cancer.
The judge reversed course Monday and said she was compelled to honor the jurors’ conclusions after they listened to expert witnesses for both sides debate the merits of Johnson’s claim.
The judge said jurors are entitled to accept the conclusion of Johnson’s expert witness who said Roundup caused his cancer and reject the conclusions of Monsanto’s expert witnesses, who concluded there’s no proof the weed killer causes cancer.
“Thus, the jury could conclude that Monsanto acted with malice by consciously disregarding a probable safety risk,” Bolanos wrote in her ruling.
Some jurors were so upset by the prospect of having their verdict thrown out that they wrote to Bolanos, the San Francisco Chronicle reported.
“I urge you to respect and honor our verdict and the six weeks of our lives that we dedicated to this trial,” juror Gary Kitahata wrote. Juror Robert Howard said the jury paid “studious attention” to the evidence and any decision to overturn its verdict would shake his confidence in the judicial system.
The judge did slash the $250 million punitive damage to $39 million, the same amount the jury awarded Johnson for other damages.
Johnson’s lawsuit is among hundreds alleging Roundup caused cancer, but it was the first one to go to trial.
Johnson sprayed Roundup and a similar product, Ranger Pro, at his job as a pest control manager at a San Francisco Bay Area school district, according to his attorneys. He was diagnosed with non-Hodgkin’s lymphoma in 2014 at age 42.
Many government regulators have rejected a link between the weed killer’s active chemical — glyphosate — and cancer. Monsanto has vehemently denied such a connection, saying hundreds of studies have established that glyphosate is safe.


Taliban talks resume amid hopes of deal

Updated 2 min 26 sec ago

Taliban talks resume amid hopes of deal

DOHA: The US and the Taliban met in Doha on Thursday, an American source close to the talks said, for potentially decisive dialogue to allow Washington to drawdown militarily in Afghanistan.
The source said the talks started around 1300 GMT — the ninth time the two foes have met face-to-face.
The disclosure came in a context of ongoing bloodshed in Afghanistan after NATO said two US military personnel were killed Wednesday, blasts rocked Jalalabad Monday, and the death toll from a weekend wedding bombing reached 80.
Washington’s top commander in Afghanistan General Scott Miller was at the talks venue, according to an AFP correspondent.
The US, which invaded Afghanistan and toppled the Taliban in 2001, wants to withdraw thousands of troops but only in return for the insurgent group renouncing Al-Qaeda and curbing attacks.
Washington is hoping to strike an agreement with the Taliban by September 1 — ahead of Afghan polls due the same month, and US presidential polls due in 2020.
Taliban lead negotiator Abbas Stanikzai told AFP Thursday that overall talks had been “going well.”
The talks are expected to focus on establishing a timeline for the US withdrawal of its more than 13,000 troops in Afghanistan.
“We’ve been there for 18 years, it’s ridiculous,” US President Donald Trump told reporters Tuesday.
“We are negotiating with the government and we are negotiating with the Taliban,” he said.
“We have good talks going and we will see what happens.”
But the thorny issues of power-sharing with the Taliban, the role of regional powers including Pakistan and India, and the fate of Afghanistan’s incumbent administration remain unresolved.
US envoy Zalmay Khalilzad sought to bolster optimism for a peace agreement last week when he said in a tweet that he hoped this is the final year that the country is at war.