The United States Environmental Protection Agency (“EPA”) issue a July 22nd document titled: Memorandum Supporting Proposed Decision to Approve Registration for the Uses of Dicamba on Dicamba-Tolerant Cotton and...more
As Nobel laureate Richard Feynman once observed, “[w]isdom is knowing when to ask the right questions.” A related proposition is that wise jurists know how to identify and focus on the right questions. Motion practice can...more
Bayer and Monsanto are currently facing about 54,000 lawsuits filed by consumers who were exposed to the weedkiller Roundup (glyphosate), according to recent court documents....more
An expert witness is not supposed to pick a desired result and then reverse engineer inputs and methods that reach that result. As the Ninth Circuit observed 30 years ago, “[c]oming to a firm conclusion first and then doing...more
California AG Will Not Seek Rehearing Of Bar On Prop. 65 Glyphosate Warning - California Attorney General (AG) Rob Bonta (D) has declined to ask a federal appellate court to rehear a panel ruling that permanently blocked...more
Third Time’s A Charm: California Re-Introduces Proposed Changes to Proposition 65’s Warnings and Safe Harbor Requirements - On October 27, the California Office of Environmental Health Hazard Assessment (OEHHA), the lead...more
The question of whether a particular application of herbicide on one property caused damage on another’s property requires expert testimony. When a plaintiff claims that herbicide drift caused reduced crop yields, it is not...more
Around the country, creative plaintiffs' lawyers have been repackaging product liability claims as public nuisance claims to avoid dismissal. Plaintiffs have used this maneuver to attempt an end-run on important product...more
The modern mass tort, where thousands of personal injury cases are transferred to a single court for coordinated management, has evolved over the past two decades after courts concluded that the class action procedure was not...more
It has been described as the deadliest weedkiller on the planet. It also has been described as the most prevalent weedkiller on the planet. And now it is being described as the hot topic of a series of lawsuits filed against...more
The subject of six lawsuits filed in three states, paraquat is widely used in the agricultural industry and, sadly, often causes illnesses to those least able to care for themselves: workers. Workers on farms and ranches...more
MULTI-STATE LAWSUITS FILED TODAY AGAINST MAKERS OF PARAQUAT – HERBICIDE LINKED TO PARKINSON’S DISEASE – BY TEAM OF ATTORNEYS FROM DICELLO LEVITT GUTZLER, SALTZ MONGELUZZI & BENDESKY, AND SEARCY LAW - Defendants include...more
Paraquat is a highly dangerous product still manufactured and sold in the United States. Manufacturers have for some time known the direct connection between paraquat and Parkinson’s Disease, but continue to sell it. ...more