Roundup Cancer Lawsuit News

Discovery Process Created For Roundup Lawsuit MDL

The judge overseeing the multidistrict litigation concerning Monsanto Roundup cancer lawsuits set the framework under which discovery will take place for the MDL.

Tuesday, December 27, 2016 - The general framework of the discovery process for the Monsanto Roundup MDL has been laid out by the judge overseeing the proceedings in the U.S. District Court for the Northern District of California where the litigation is centralized. According to a joint case management statement filed in December, depositions are set to begin in early January. The MDL was created for pretrial proceedings like this to be more streamlined, though the two sides did not agree on whether a centralization should have taken place at first.

Monsanto Roundup attorneys argued that there were not enough common questions of fact to consolidate the proceedings. They felt instead that the Roundup lawsuits should stay in their home districts because of the many ways in which the individual cases differed. The defense Roundup attorneys simply felt like the diversity among the lawsuits would not allow them to benefit greatly from consolidation.

In the end the JPML sided with the plaintiffs, however, and saw that their cases were similar and numbered enough to require a transfer into multidistrict litigation. The consolidation to northern California is significant because a pair of Roundup lawsuits have already passed the motion to dismiss phase and are far along in their pretrial processes. This factored into their decision because of the proximity the MDL will be have to claims that already have a hold on the discovery being done in regards to the ROundup lawsuits.

Roundup lawyers representing the plaintiffs requested for the lawsuits to be consolidated to either California, Illinois, Hawaii or Louisiana. There were 37 Roundup lawsuits in the original motion to transfer, and the court acknowledged that there are likely to be tagalong cases that will eventually join the 37 claims that were transferred on October 3. The JPML believes that these claims, in addition that will join the MDL in the months to come, will benefit from the efficiency multidistrict litigation can offer to wide-ranging, complex proceedings such as the Monsanto Roundup lawsuits.

The allegations center on allegations that Monsanto's Roundup weed killer product has been linked to increasing the risk for non-Hodgkin's lymphoma. Plaintiffs have described their use of Roundup products and how their experience fits with studies that have been conducted into the carcinogenic properties of glyphosate, one of the active ingredients in the product. These plaintiffs are seeking to recover damages from Monsanto for the affect the cancer has had on their lives, in addition to punitive damages for the lack of action taken by the company to protect consumers.

Monsanto has been attempting to dismiss Roundup lawsuits on the basis that the company is protected from such allegations by the Federal Insecticide, Fungicide and Rodenticide Act. Judges thus far have not been amenable to that argument. One of the judges that didn't bite on that line of reasoning was U.S. District Judge Vince Chhabria, who was selected to preside over the MDL proceedings. The JPML considered his prior experience with Roundup lawsuits would make these proceedings an excellent opportunity for him to preside over his first MDL.

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Lawyers for Roundup Cancer Lawsuits

Attorneys handling Roundup cancer lawsuits for leukemia, non-Hodgkin lymphoma, and multiple myeloma offer free, no-obligation case review for individuals and families who believe they may have grounds to file a Roundup cancer lawsuit. Working on a contingency basis, these attorneys are committed to never charging legal fees unless they win compensation in your Roundup cancer lawsuit. The product liability litigators handling Roundup claims at the Onder Law Firm have a strong track record of success in representing families harmed by dangerous drugs and consumer products.