PLAN B

Monsanto Roundup Settlement Chhabria

REJOICE!

Judge Chhabria issued an order in the most Chhabria-esque of tones, heavily hinting that the proposed class action settlement plan is a no-go. Now that I know his opinion may vaguely resemble my own, I wish I could have been in the room when he first perused the settlement proposal to hear some of his biting commentary as he sharpened his pencil. Or maybe he’s a red pen kind of guy. 

When my husband and I were in our first weeks of dating, I asked him to look over a report I had written for a class. He returned an hour later, having used a red pen to mark up nearly every word that I wrote. You know, to be “helpful” like some of his teachers had been. I guess everyone has their own style of seduction. (I can imagine that he and Chhabria might share that same style.)  

Historically, Chhabria has not been easy to please. He is the judge who created the most hurdles to the plaintiffs of the three judges, and decided that the Hardeman trial would be bifurcated. In other words, split into two phases – one just science, the other everything else involving the stunningly corrupted antics of the Monsanto execs. Lawyers Jennifer Moore and Aimee Wagstaff pulled off the win in both phases, providing Chhabria with an important precedent – indeed, Monsanto is liable based on glyphosate science alone. 

Given the years of work he invested in the Roundup MDL, he is likely pretty annoyed by the arbitrary “Science Panel” that would be assigned to determine causation in the class action settlement plan. In the order, he wrote:

Even with the consent of both sides, it’s questionable whether it would be constitutional (or otherwise lawful) to delegate the function of deciding the general causation question (that is, whether and at what dose Roundup is capable of causing cancer) from judges and juries to a panel of scientists.

And 

In an area where the science may be evolving, how could it be appropriate to lock in a decision from a panel of scientists for all future cases?

Chhabria ultimately suggested that Monsanto and the plaintiff class action attorneys move to a Plan B since Plan A isn’t looking so hot. 

Two days later, the settlement proposal was withdrawn entirely by the class action attorneys, with Monsanto’s consent. Hopefully, with their tails between their legs in embarrassment and shame. So we will await the Plan B.

As we sit tight and hope, read this letter that was submitted to Judge Chhabria today. Amidst all of the legal brawling, it serves as a grounding reminder as to why so much is riding on each of these rulings.

7 Comments

  1. Wonderful, so glad to hear Plan A will not fly!

    And LOL at your story about your husband’s red pen 🙂

  2. Idea –

    There are Scientists that believe that this shit can cause CANCER and KILL you.
    We at Monsanto do not agree.

    But in case we are wrong, and they are right, you MUST ALWAYS protect yourself at least as follows:

    (1)  RESPIRATOR – You MUST at ALL TIMES wear a RESPIRATOR when using Roundup.
    (2) PROTECTIVE CLOTHING – You MUST at ALL TIMES wear appropriate protective clothing (such as BOOTS, GLOVES, SLEEVES, APRONS, ETC.) over any parts of your body that could be exposed to Roundup.
    (3) EYE and FACE PROTECTION – You MUST at ALL TIMES wear SPLASH-PROOF SAFETY GOGGLES if it is possible that Roundup may get into your eyes. In addition, you must wear a FACE SHIELD if your face could be splashed with Roundup

    1. To Thinker…
      I sprayed Roundup on a golf course and was diagnosed with NHL in 2011 way before there was any connection of Roundup and Cancer. Where were these safety precautions in 2001 ?. No precautions just TV ads with guys spraying their backyards with no protection. Where is all the propaganda about Safe as Salt..??
      “We at Monsanto do not agree”.. If your implying your a Monsanto Employee Donna Farmer and company may be looking for you.

      To G G a big wave to you…
      I am still alive,, not so well,, but kicking,,,,had another operation last month at UCD, no pictures this time LOL,, and not so worried about speaking up as I wait for my lawyers to notify me of some ridiculously minor settlement, While I am on that subject,,,I think the Lawyers that proposed Plan A were not the Big Three Trial Lawyers,, but a new group that Bayer hired,,but who I am I ? but an old broken down greens keeper who’s not healthy enough to play golf anymore.

      Anyway lets talk about Plan A. What Plan A did was force the plaintiff to accept the settlement amount as offered or wait up to 5 years while The Panel was being constructed… In 2012 when I was first diagnosed I was given 5 years to live. Yes science is changing as the Good Judge said. But it is also changing with a price tag hooked to it. My yearly pharmaceutical costs along with my surgery costs may easily be more than the one time token settlement I have yet to hear about…
      Is Bayer a pharmaceutical company..??? Hello..??

      Enough for now it’s time to water my tomatoes…

      Thanks for giving me a place to post G G

      Lets hear from more Plaintiffs I know your out out there

      Clark

  3. I always wonder if Dr.Zach Bush has been brought into these cases. He know an extremely knowledgeable about ALL the damage and what glyphosate does to the human Microbiome. This is the tip of the iceberg.

    1. Yes! They were actually talking about him for future cases. I am waiting for the day that there is a trial on glyphosate and the microbiome. He would be the star witness.

  4. I would like to see everyone go back to calling the product Roundup. Donna Farmer (research and development Monsanto) supposedly made a World-Famous text that went something like this “we need to quit calling it Roundup and start calling it Glyphosate, we have tested Glyphosate. How about we start calling it H 2 O. Water is really the main ingredient. Some of the product you buy in the store is 2% active ingredient, the Roundup I sprayed for more than 10 years was 41%. Call the toxic combination what it is…. Roundup. Do we call gunpowder sulfur? No, sulfur is just part of the product. It’s time to get the wagon back on the tracks and call that untested toxic weed killer what it is… Roundup.

    Roundup ruined my life and many others

  5. Bayer should hire their own scientist’s to determine the truth . Why hire only 5 .?Hire 10 and go with what they say yes or no or probally etc. . It wont take that long.

GG loves comments!! Let me know your thoughts!