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U.S. APPEALS COURT RULES BAYER CAN BE INCLUDED IN ROUNDUP LAWSUITS
Feb. 6, 2024
by Brendan Pierson, Thomson Reuters
A U.S. appeals court on Monday refused to dismiss a Georgia doctor's lawsuit claiming that Bayer AG's (BAYGn.DE), opens new tab Roundup weedkiller caused cancer, the latest setback in the German company's efforts to fend off thousands of similar cases carrying potentially billions of dollars in liability.
A three-judge panel of the Atlanta-based 11th U.S. Circuit Court of Appeals rejected Bayer's argument that federal regulators' approval of Roundup shielded the company from being sued under state law for failing to warn consumers of the product's risks. Several other appeals courts had previously reached the same conclusion in similar lawsuits.
Bayer said in a statement that it disagreed with the ruling and that it "continues to stand fully behind its Roundup products," which it maintains are safe.
The ruling comes as some investors have been pressuring the company to change its strategy on the litigation, by pursuing settlements or breaking up its business. So far, however, the company has doubled down on continuing to fight Roundup cases in court, saying it believes it can win key victories on appeal.
If the 11th Circuit had broken with those other appeals courts, it would have made it more likely for the U.S. Supreme Court to take up the issue. Another federal appeals court, the Philadelphia-based 3rd Circuit, is currently considering the issue in a separate case.
Bayer has said that it hopes a favorable Supreme Court ruling could eliminate much of its liability from the Roundup-related litigation, but the court has so far rebuffed its appeals.
To read the entire report click here.
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