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Environmental & Energy,
California Supreme Court

Sep. 2, 2020

Dueling appeals filed in Monsanto case

In July, the 1st District Court of Appeal slashed nearly three-fourths of Johnson’s $78.5 million award. While the three-judge panel rejected Monsanto’s preemption defense, it found that the trial court improperly calculated damages for how much he should be compensated for the rest of his life.

In dueling appeals to the state Supreme Court, Monsanto argued Tuesday that federal law preempts arguments it failed to warn consumers about glyphosate-based weedkillers' health risks, while plaintiffs' attorneys claimed they should be able to recover significantly more in damages.

Brent Wisner, representing plaintiff Dewayne Johnson, was skeptical that California's highest would grant the Bayer-owned company's petition for review ...

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