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
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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.


Protests in Bangladesh after girl is burned to death

Updated 41 min 47 sec ago
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Protests in Bangladesh after girl is burned to death

  • Nusrat Jahan Rafi told her family she was lured to the roof of her rural school in the town of Feni on April 6 and asked to withdraw the charges by five people clad in burqas
  • The violence has shaken Bangladesh, triggering protests and raising concerns over the plight of women and girls in the conservative nation of 160 million people

DHAKA, Bangladesh: Dozens of protesters gathered in Bangladesh’s capital on Friday to demand justice for an 18-year-old woman who died after being set on fire for refusing to drop sexual harassment charges against her Islamic school’s principal.
Nusrat Jahan Rafi told her family she was lured to the roof of her rural school in the town of Feni on April 6 and asked to withdraw the charges by five people clad in burqas. When she refused, she said her hands were tied and she was doused in kerosene and set alight.
Rafi told the story to her brother in an ambulance on the way to the hospital and he recorded her testimony on his mobile phone. She died four days later in a Dhaka hospital with burns covering 80% of her body.
The violence has shaken Bangladesh, triggering protests and raising concerns over the plight of women and girls in the conservative Muslim-majority nation of 160 million people where sexual harassment and violence are often unreported, victims are intimidated and the legal process is often lengthy. Many avoid reporting to police because of social stigma.
“We want justice. Our girls must grow up safely and with dignity,” Alisha Pradhan, a model and actress, told The Associated Press during Friday’s demonstration. “We protest any forms of violence against women, and authorities must ensure justice.”
Tens of thousands of people attended Rafi’s funeral prayers in Feni, and Prime Minister Sheikh Hasina promised Rafi’s family when they met in Dhaka that those responsible would be punished.
At least 17 people, including students, have been arrested in connection with the case, said Banaj Kumar Majumder, the head of the Police Bureau of Investigation.
In late March, Rafi filed a complaint with police that the principal of her madrasa, or Islamic school, had called her into his office and touched her inappropriately and repeatedly. Her family agreed to help her to file the police complaint, which prompted police to arrest the principal, infuriating him and his supporters. Influential local politicians backed the principal, and ruling party members were also among the arrested.
Police said the arrested suspects told them during interrogations that the attack on Rafi was planned and ordered by the school’s principal from prison when his men went to see him. It was timed for daytime so that it would look like a suicide attempt, Majumder said.
Human Rights Watch said in a statement that Rafi’s family said that they had received death threats before the attack telling them to drop the case.
While Rafi’s case is now being treated with urgency, that wasn’t the case until her death.
A video taken on March 27 while Rafi reported the assault shows the local police chief registering her complaint but telling her that the incident was “not a big deal.” The chief was later removed from the police station for negligence in dealing with the case.
For Bangladeshi women, it is often not easy to file sensitive complaints with police. Victims often fear further harassment and bullying. Police also often show an unwillingness to investigate such cases and are often accused of being influenced by local politics or bribes.
But the call for dealing with violence against women, especially related to sexual harassment and assault, is also getting louder.
“The horrifying murder of a brave woman who sought justice shows how badly the Bangladesh government has failed victims of sexual assault,” said Meenakshi Ganguly, South Asia director at Human Rights Watch. “Nusrat Jahan Rafi’s death highlights the need for the Bangladesh government to take survivors of sexual assault seriously and ensure that they can safely seek a legal remedy and be protected from retaliation.”