The Glyphosate Settlement Objection: Trying to Keep a Cash Cow Flowing

Do you know someone in life that still cries foul once they get what they claim to want? It seems as if at least one law firm in the ongoing glyphosate settlement debate would fit this description.

For several years now, most lawyers in involved with lawsuits against glyphosate use and manufacturer Bayer have publicly said they were looking for “justice for their clients” from the company, with some level of financial compensation. Then, slightly more than one year ago now, Bayer, the courts, and numerous law firms reached a multi-billion dollar settlement agreement. In essence, in exchange for money upfront, Bayer would be able to put the glyphosate legal discussion behind it, with future claims also being restricted as well.

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For the most part, the majority of law firms were satisfied with this settlement arrangement. But not everyone was, apparently.

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In early March, a new court challenge was filed by trial lawyers at Dallas, TX-based Fears Nachawati Law Firm. This asked the federal judge overseeing thousands of glyphosate weed killer cancer lawsuits to reject a proposed settlement that would shield Bayer from future cancer lawsuits. The motion describes the deal as “a one-way street that provides no benefits and imposes many burdens.”

Under the proposed settlement, individuals who were exposed to glyphosate but had not filed a cancer claim by February 3rd of this year would not be allowed to participate in class-action litigation and seek punitive damages in litigation and instead could only obtain compensation based on a multi-tiered formula. “It is fundamentally unfair, and at odds with basic due-process protections, to force someone to opt out now when she has no idea what her circumstances might be if she becomes injured,” the motion states. “If this were a real lawsuit, why would any class representative (or class counsel) create a wholly artificial cut-off date and not include everyone who will be exposed to Roundup in the future?”

Will glyphosate ever get out of the courtroom?

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At this point, it remains to be seen what will come of this latest attempt to keep glyphosate use in the country’s courtrooms instead of in farmer fields. It is clear, however, that some law firms are reluctant to let glyphosate put its legal issues in the past just yet.

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