Dewayne Johnson v. Monsanto

CGC-16-550128 // A155940
January 28, 2016
Final judgment
United States, San Francisco

Technicians and Professional users
Dewayne Johnson
Monsanto, Wilbur-Ellis, Other
Curtis G. Hoke, David J. Dickens, Timothy Litzenburg, R. Brent Wisner, Pedram Esfandiary, Michael L. Baum, Mark Burton, Steven Brady, Michael J. Miller

Civil court
Herbicide, Glyphosate, Roundup
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. Demand for Jury Trial.
Superior Court of San Francisco, United States

August 10, 2018
The jury found unanimously that Monsanto’s glyphosate-based Roundup weed killer caused Mr. Johnson to develop NHL, and that Monsanto failed to warn of this severe health hazard. The jury also found that Monsanto acted with malice, oppression or fraud and should be punished for its conduct.
National law

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. Verdict has been pronounced on August 10, 2018. On 9/18/2018, Monsanto asks the judge to either overturn the verdict, order a new trial or reduce damages, pointing to lack of evidence to support plaintiff’s claims that Roundup caused his terminal lymphoma and “flagrant misconduct in front of the jury” by Brent Wisner, an attorney representing Dewayne Johnson. A hearing on Monsanto’s motions was held on Oct. 10, 2018. October 22, the judge confirmed the verdict, but lowered the punitive damages from $250 million to $39 million. The plaintiff has decided on October 26 to accept this decision. Otherwise, Monsanto's motion for a new trial would have been accepted. On 20/11/2018, Monsanto appealed the judgment. Johnson cross-appealed 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 (A155940, A156706). At this date, Bayer has reached verbal agreements with a large proportion of about 125,000 U.S. plaintiffs who allege Roundup causes cancer as part of a $10 billion plan to end all legal claims around the weedkiller.