SAN FRANCISCO, March 7, 2022 /PRNewswire/ -- The Fears Nachawati law firm is asking a federal judge to reject a proposed settlement between Bayer (OTCMKTS: BAYZF, BAYRY) and its Monsanto subsidiary and a group of consumers seeking reimbursement for their purchases of the Roundup weedkiller, saying the agreement may be the result of collusion designed to limit the ability of cancer victims to obtain justice.
In a March 3 filing, Fears Nachawati trial lawyers ask U.S. District Court Judge Vince Chhabria to reject the settlement unless "inherently ambiguous" language is clarified to ensure that the terms do not affect thousands of cancer victims who have sued Monsanto claiming they developed non-Hodgkins lymphoma following exposure to Roundup.
According to the filing by the Fears Nachawati team, which represents more than 4,000 cancer victims in multidistrict litigation, an overly generous legal fee arrangement in the settlement between Monsanto and lawyers representing consumers raises concerns about collusion. While the proposed settlement claims to "carve out" cancer claims, ambiguous language could be interpreted to broadly limit Monsanto's exposure to damages asserted by the cancer victims.
"These cancer victims are justified in being suspicious," said Fears Nachawati founder Majed Nachawati. "Monsanto has demonstrated that it does not want to negotiate in good faith. They're looking for an easy way out rather than coming to the table and negotiating."
This is not the first time that parties in the consumer class-action have attempted to perform an end-run. In 2021, the Judicial Panel on Multidistrict Litigation (JPML) blocked a similar settlement because the parties in the larger cancer litigation had not been properly notified. The JPML at that time transferred the matter to Judge Chhabria, who presides over the consolidated cancer litigation.
To date, three bellwether trials have produced multimillion-dollar verdicts, finding that exposure to the glyphosate-based weedkiller caused cancer. All three verdicts have been affirmed on appeal. The case is In re: Bayer Roundup Products Liability Litigation, 3:16-md-02741.
Fears Nachawati Law Firm represents individuals in mass-tort litigation, businesses and governmental entities in contingent litigation, and individual victims in complex personal injury litigation. One of the largest and most diverse products liability law firms in the nation, Fears Nachawati was ranked No. 1 nationally in products liability filings in federal court over the past three years, according to Lex Machina. For more information visit https://www.fnlawfirm.com.
Contact:
Robert Tharp
214-420-6011
robert@androvett.com
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SOURCE Fears Nachawati Law Firm
