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Bayer Urges High-Court Review of $25 Million Roundup Judgment

Nov. 23, 2021, 7:38 PM

The Ninth Circuit erred by allowing a jury to decide whether the warnings Bayer AG put on its Roundup herbicide were sufficient, warranting the U.S. Supreme Court’s review, the company said in a final brief before the court considers whether to take the case.

The appeals court also departed from established law on the admission of expert evidence when it “endorsed a lenient standard” in property owner Edwin Hardeman’s suit alleging Roundup caused his cancer, Bayer said in the brief, filed Monday.

Jurors awarded him more than $80 million, later cut by the trial judge to $25 million.

A panel ...

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