Bayer Roundup Suit’s SCOTUS Chances, Risks

I'm delighted to be joined today by Dale Mullen, partner and co-chair of the Business and Corporate Law section of Whiteford Law.

Mr. Mullen advises clients on regulatory compliance, corporate governance, securities, and government investigations.

He's practiced before regulatory agencies such as the SEC, FDA, EPA, and FINRA, and other agencies, and counsels clients on compliance and enforcement matters involving various areas of law.

Thank you so much for joining us today, Mr. Mullen.

Thank you, Holly.

It's good to be here.

So jumping right into t-today's topic, Bayer has been sued by over 100,000 consumers who say its weed killer, killer Roundup causes non-Hodgkin's lymphoma.

Bayer has faced billions in jury verdicts since 2018.

In 2020, it agreed to pay around $11 billion to resolve around 100,000 cases.

And though Bayer withdrew Roundup with glyphosate from the residential market in 2023, there are still about 67,000 cases pending, and any residential user who allegedly gets sick in the future from Roundup used before 2023 could still sue.

So Bayer filed a petition to the U.S. Supreme Court seeking to have it review a $1.25 million verdict out of Missouri State Court in a case called Monsanto versus Darnell.

The Missouri court found that state failure to warn claims were not preempted by federal pesticide law, otherwise known as FIFRA.

There's a circuit split among federal courts of appeal on this issue, and the Supreme Court agreed to hear the Darnell case earlier this year and heard arguments on April 27th.

Its decision on the appeal may come in June.

So, Mr. Mullen, can you explain what questions the Supreme Court is deciding?

Sure.