clear
Wednesday December 12th, 2018 7:50AM

Latest: Judge weighs improper remarks to jury about Monsanto

By The Associated Press
Related Articles
  Contact Editor

SAN FRANCISCO (AP) — The Latest on $289 million verdict against Monsanto (all times local):

4 p.m.

A Northern California judge says a cancer patient's lawyer misled the jury and used improper hyperbole when he compared Monsanto to tobacco companies during his closing arguments.

Lawyers for the cancer patient and the agribusiness giant were in court Wednesday debating whether the improper arguments entitled Monsanto to a new trial.

Monsanto's attorney George Lombardi argued for a new trial, saying that comparing Monsanto to the tobacco industry was intentional and inaccurate. Tobacco companies agreed to pay billions of dollars to settle lawsuits alleging smoking caused cancer.

An attorney for plaintiff DeWayne Johnson, Michael Miller, argued that the judge properly instructed the jury to disregard the comparison and that throwing out their $289 million verdict is too severe a punishment.

The judge is deciding whether to toss out the jury's verdict and order a new trial.

___

1:55 p.m.

In a tentative ruling, a San Francisco judge says she will order a new trial in a $289 million judgment against agribusiness giant Monsanto brought by a groundskeeper who says Roundup weed-killer caused his cancer.

San Francisco Superior Court Judge Suzanne Bolanos issued the ruling Wednesday ahead of scheduled oral arguments.

She said plaintiff DeWayne Johnson failed to produce "clear and convincing evidence of malice or oppression" by Monsanto. She wrote that he did not provide any evidence that Monsanto employees believed that exposure to the product caused his lymphoma.

The jury in August awarded Johnson $39 million in compensatory damages and $250 million in punitive damages.

___

10:05 a.m.

A San Francisco jury's $289 million verdict in favor of a school groundskeeper who says Roundup weed killer caused his cancer will face its first court test.

Agribusiness giant Monsanto will argue at a hearing on Wednesday that Judge Suzanne Bolanos should throw out the verdict in favor of DeWayne Johnson. Attorneys for the company say Johnson failed to prove that Roundup or similar herbicides caused his lymphoma and presented no evidence that Monsanto executives were malicious in marketing Roundup. Bolanos was not expected to rule immediately.

Johnson's attorneys responded in court documents that the jury was attentive and well-educated and reached a reasonable verdict.

The jury in August awarded Johnson $39 million in compensatory damages and $250 million in punitive damages.

  • Associated Categories: Associated Press (AP), AP Business
© Copyright 2018 AccessWDUN.com
All rights reserved. This material may not be published, broadcast, rewritten, or redistributed without permission.
Senate vote on health care likely fodder for both parties
Candidates in both parties likely to point to latest Senate vote on health care in effort to gain votes
12:23AM ( 1 minute ago )
The Latest: IMF head says Pakistan help must be transparent
International Monetary Fund Managing Director Christine Lagarde has said a bailout package for Pakistan would need to be fully transparent
12:08AM ( 15 minutes ago )
Losses on Wall Street ripple through Asia; stocks slump
Asian markets are broadly lower after Wall Street slumped on a heavy selling of technology and internet stocks
11:56PM ( 28 minutes ago )
Associated Press (AP)
New Tokyo fish market starts traditionally with tuna auction
Tokyo's famous fish market has reopened at a new location but with an old tradition: the tuna auction
10:52PM ( 1 hour ago )
Trump campaigns in Pennsylvania as hurricane pounds Florida
President Donald Trump rallies Republicans in Pennsylvania as Hurricane Michael pounds Florida's Panhandle
10:46PM ( 1 hour ago )
World Bank head says trade tensions could worsen poverty
World Bank head says trade tensions could undo global progress toward ending extreme poverty
10:30PM ( 1 hour ago )
AP Business
The Latest: IMF head says Pakistan help must be transparent
International Monetary Fund Managing Director Christine Lagarde has said a bailout package for Pakistan would need to be fully transparent
12:08AM ( 15 minutes ago )
Losses on Wall Street ripple through Asia; stocks slump
Asian markets are broadly lower after Wall Street slumped on a heavy selling of technology and internet stocks
11:56PM ( 28 minutes ago )
LeBron, Lonzo take the floor together for first time
LeBron James and Lonzo Ball getting a chance to work on their in-game chemistry
11:19PM ( 1 hour ago )
Tennessee Senate candidates exchange barbs in final debate
Republican U.S. Rep. Marsha Blackburn repeatedly attempted to tie her Democratic opponent Phil Bredesen to national Democrats in their second and final debate
11:14PM ( 1 hour ago )
Jimmy Butler to ESPN: I was 'brutally honest' with Wolves
Butler returns to practice with the Timberwolves in an emotionally charged session
11:10PM ( 1 hour ago )