Скачать или смотреть Roundup NHL Lawsuit Update | Expected Settlement Amounts in 2022 (and Beyond)

This video discusses the current status of the Roundup cases and the settlement value of these future claims. This video was done in 2021. But in the summer of 2022 and we are fundamentally in the same place.

To get more detailed updates on the Roundup lawsuit in 2022, check out these litigation updates: https://www.millerandzois.com/roundup...

HOW MANY BAYER CASES ARE TO BE SETTLED?

In its most recent earnings report, Bayer stated that the company has reached tentative settlement agreements in 98,000 pending Roundup lawsuits. Bayer has accomplished this by negotiating block settlement arrangements with plaintiff lawyers who have large numbers of cases in the litigation. Although these settlements account for nearly 80% of all pending Roundup claims, it still leaves around 26,000 active Roundup lawsuits.

https://www.millerandzois.com/roundup...

While Bayer continues to work on settling these remaining Roundup cases, the company is telling investors that future Roundup liabilities will depend on the outcome of the company’s appeal to the U.S. Supreme Court. Future liability has been one of the biggest issues for Bayer in the Roundup litigation. It may take years or even decades for Roundup users to develop lymphoma. This means Bayer could be facing a steady stream of new Roundup lawsuits for the next 20 years. This type of “long tail” tort liability can be a nightmare for publicly traded corporations like Bayer.

Initially, Bayer sought to deal with the future liability issue through a controversial global settlement arrangement that would have stayed and potentially frozen all future Roundup lawsuits. This proposal met fierce opposition and was rejected by the MDL back in May.

Bayer has now adopted a 2 prong strategy for limiting its future Roundup liability. First, Bayer announced that it will pull glyphosate-based Roundup from retail shelves at the start of 2023. The original Roundup will be replaced by a new version that does not contain glyphosate. This move will effectively cap any future Roundup liability years down the line.

The second prong of Bayer’s strategy is based on winning an appeal to the Supreme Court in the Hardeman case. Hardeman was the very first Roundup bellwether trial and it resulted in a massive verdict. Bayer has been appealing the Hardeman in the hopes of winning a game-changing legal argument. Bayer is arguing that the Roundup claims should be preempted by federal law because the EPA has found that cancer warnings are not required for glyphosate. If Bayer can get an appellate court to accept this legal argument, it would effectively block many future Roundup claims.(The Supreme Court ultimately rejected Bayer's appeal.)

Bayer has already presented this argument to the 9th Circuit and lost. Now Bayer is asking the U.S. Supreme Court to consider the issue. In August Bayer filed a petition for certiorari with the Supreme Court in the Hardeman appeal.

Bayer is holding out hope that the appeal to the Supreme Court will save them, but the company already has a solid backup plan. If the Supreme Court declines to hear the case or rejects Bayer’s legal argument, Bayer has plans to set up an administrative process to handle future claims and has already set aside $4 billion to cover the cost.

Our lawyers think the settlement amounts in the Roundup NHL lawsuits will increase in the expected second round of settlements (assuming the Supreme Court rules in our favor - July 2022 update, it did).

The Roundup litigation is not going away and we are learning more and more about how the chemical ingredient in Roundup, glyphosate, is just everwhere.

According to a recently released report, a CDC has shown that glyphosate can be found in the urine of 80% of the U.S. population. The study tested urine samples for a group of participants designed to reflect the U.S. population as a whole. 8 out every 10 of the urine samples were found to contain glyphosate. The CDC expressed concern about the results of the study and indicated that further research was already underway.