Dewayne Johnson v. Monsanto (Appeal) Reference : A155940 // A156706 // S264158 Complaint date : November 20, 2018 Status : Final judgment Place of jurisdiction : United States, State of California Plaintiffs types : Technicians and Professional users Plaintiffs names : Dewayne Johnson Defendants : Monsanto Lawyers for Health and Environmental Justice : Curtis G. Hoke, David J. Dickens, R. Brent Wisner, Pedram Esfandiary, Michael L. Baum, Mark Burton, Steven Brady, Michael J. Miller Case nature : Civil court Type(s), Product(s), Active substance(s) : Herbicide, Roundup, Glyphosate, Ranger Pro Requests : Compensatory and punitive damages ; awarding Plaintiffs their costs, expenses, and reasonable attorney’s fees incurred in this matter; further relief as the Court deems just and proper. Name of the Court : Court of Appeal of State of California, United States Jurisdiction level : Appellate (Appeal) Court Decision date : July 20, 2020 Decision nature : Partially Positive Decision content : In A155940, the judgment as to Johnson’s future noneconomic compensatory damages is reversed. The jury’s future noneconomic compensatory damages award is reduced to $4 million, which results in a total reduced award of $10,253,209.32 in compensatory damages. The judgment is further modified to reduce the award of punitive damages to $10,253,209.32. In A156706, the order awarding costs is affirmed. Legal basis : Court Ruling : Link to the ruling Summary : The lawsuit challenges Monsanto’s position that its herbicides are proven safe and asserts that the company has known about the dangers and hidden them from regulators and the public (CGC-16-550128). Verdict has been pronounced on August 10, 2018. On October 22, the judge confirms the verdict, but lowers the punitive damages from $250 million to $39 million. On 20/11/2018, Monsanto appeals the judgment. Johnson cross-appeals, seeking reinstatement of the full jury award. Hearing is June 2, 2020. The appeals court had notifyied that the lawyers should be prepared to focus on the question of damages awarded. On 7/20/2020, the Court of Appeal says that Monsanto’s arguments were unpersuasive, but damages should be cut to $20.5 million. On 8/4/2020, Monsanto seeks rehearing by appeals court after losing appeal, to reduce the future noneconomic damages and punitive damages. On 8/18/2020, the appeals court rejects Monsanto’s effort to trim $4 million from the damages and its request for a rehearing of the matter. On 8/28/2020, Dewayne Johnson files a petition for review to the Supreme Court to restore $250 million in punitive damages awarded by the jury but then slashed by the appeals court to $20.5 million while Monsanto asks the California Supreme Court to upend the state appeals court decision backing the jury's finding that the company is liable. On 10/21/2020, the California Supreme Court denies Monsanto's petition for review. On March 23, 2021, Bayer announces that it desists from appeal and won’t seek U.S. Supreme Court review of the verdict finding its Roundup herbicide caused cancer. It said that this decision was made after “careful and extensive consideration,” and reflects a legal strategy to end the state court case and instead focus on the second Roundup verdict, in federal court (Hardeman v. Monsanto). Scientific references : Glyphosate – Monographs Related links : Complaint for Damages and Demand for Jury Trial Johnson vs Monsanto verdict form Defendant Monsanto Company's notice of appeal Appeals court focused on damages question ahead of Johnson v. Monsanto hearing Appellate Courts Case Information Appeals court upholds groundskeeper’s Roundup cancer trial win over Monsanto Chemical company Bayer loses appeal against weedkiller cancer ruling Roundup : la condamnation de Monsanto confirmée en appel en Californie (FR) Monsanto petition for rehearing by appellate court Order denying rehearing and modifying opinion Appeals court denies Monsanto bid for Roundup case rehearing Petition for Review of a Decision of the Court of Appeal, 8/28/2020 Dying man asks California Supreme Court to restore jury award in Monsanto Roundup case California Supreme Court denies review of Monsanto Roundup trial loss Bayer Won’t Ask U.S. Supreme Court to Reverse Roundup Loss