The U.S. Supreme Court on Monday took no action against Bayer AG’s attempt to dismiss legal complaints from customers that the herbicide Roundup causes cancer as the German company seeks to avoid Damages can run into the billions of dollars.
The case was not mentioned on a list released by the court on Monday as it decides whether to hear pending appeals, at least raising the possibility that judges are considering a trial. . Bayer asked the judges to appeal the lower court’s decision to uphold $25 million in punitive damages awarded to California resident Edwin Hardeman, a Roundup user who blamed cancer. His was due to the chemical and pharmaceutical giant’s herbicide glyphosate.
The Supreme Court’s decision on whether to appeal is being closely watched as Bayer maneuvers to limit its liability in thousands of cases.
The administration of US President Joe Biden in May urged the court not to hear Bayer’s appeal, reversing the position of the previous administration under former President Donald Trump.
Bayer lost three tests, in which Roundup users were rewarded with tens of millions of dollars each time. Bayer has pinned its bailout hopes on the conservative Supreme Court, which has a reputation for being pro-business. Bayer has won three tests, including one last week.
Bayer has asked the Supreme Court to review the ruling in Hardeman’s case, which was upheld by the San Francisco-based 9th Circuit Court of Appeals in May 2021. Hardeman has frequently used Roundup in his work. 26 years at his home in northern California before being diagnosed. with a form of non-Hodgkin lymphoma.
Bayer has said it should not be penalized for marketing a product deemed safe by the US Environmental Protection Agency and on which the EPA will not allow cancer warnings to be printed.
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