The 8th U.S. Circuit Court of Appeals on Thursday dismissed a challenge by a group of plaintiffs who opposed Bayer's effort to resolve tens of thousands of Roundup weedkiller lawsuits through a $7.25 billion settlement. The ruling allows the settlement process to remain in a Missouri state court, rejecting an effort to move the proceedings to federal court.
Bayer, which acquired Roundup manufacturer Monsanto in 2018, faces approximately 65,000 claims in U.S. state and federal courts. The plaintiffs in these cases allege that they developed non-Hodgkin lymphoma and other forms of cancer after using the herbicide. The proposed class action settlement, first announced in February, is designed to resolve the majority of current and future U.S. claims related to the product.
A group of objecting plaintiffs argued that a state court lacked the authority to fast-track a nationwide resolution and requested the case be handled by a federal judge who is already overseeing consolidated federal Roundup litigation. However, the appellate court upheld a June decision by a federal judge that determined the case should stay in state court. Ashley Keller, an attorney for the objecting plaintiffs, stated he would continue to oppose the deal at a state court hearing scheduled for September 14.
The next step in the legal process is a hearing in Missouri state court on September 14 to consider approving the deal. If the state judge grants final approval, the settlement aims to become a resolution for the majority of current and future Roundup litigation in the United States. Keller indicated that the objecting plaintiffs may appeal any adverse rulings following the hearing.