Judge sends Bayer's $7.25B Roundup deal to state court
ST. LOUIS — A federal judge has sent Bayer's proposed $7.25 billion Roundup class-action settlement back to Missouri state court, clearing a path toward final approval of one of the largest mass-tort deals in U.S. history.
U.S. District Judge Henry Autrey, of the Eastern District of Missouri, ruled Wednesday that a group of objecting plaintiffs was not authorized to move the case to federal court, finding that the right to remove a case belongs only to the defendant, Law.com reported.
A win for Bayer
The order returns the dispute to the 22nd Judicial Circuit Court in St. Louis, where a judge is set to hear arguments for final approval on July 9. The Missouri court has already preliminarily approved the agreement, and the remand moots any potential transfer of the case into the consolidated Roundup multidistrict litigation in federal court.
Monsanto, the Bayer division that makes Roundup, said the decision brings "much-needed clarity" and lets the state court move forward with approving the class settlement. The company has said the deal is fair and that the objections lack merit.
Objectors press an appeal
The settlement would resolve current and potential future claims from tens of thousands of people who say the weedkiller's active ingredient, glyphosate, caused their non-Hodgkin lymphoma. A group of 10 lymphoma plaintiffs had tried to remove the proposed deal to federal court, arguing the state court lacked authority to issue a sweeping ruling on their claims.
The objecting plaintiffs filed a notice of appeal Wednesday, asking the 8th U.S. Circuit Court of Appeals to review Autrey's decision, according to a Reuters report republished by Brownfield Ag News. The continuing challenge prolongs uncertainty over a settlement that has drawn objections from some plaintiffs who call the compensation inadequate.
What it means for the litigation
Brigit Rollins, a staff attorney with the National Agricultural Law Center, told Brownfield Ag News the ruling could benefit Bayer by keeping the process in Missouri courts. "It's significant either way, because that Missouri court has preemptively approved the settlement agreement," she said.
Rollins said final approval could go a long way toward resolving thousands of pending cases and even future claims not yet filed, and that more legal certainty could help keep glyphosate available for farmers. Bayer, which acquired Monsanto in 2018, has faced years of costly litigation over the herbicide.
The remand comes as the U.S. Supreme Court weighs a separate Roundup case on whether federal pesticide law shields Monsanto from state failure-to-warn claims, a decision expected in the coming weeks. The two tracks could reshape how mass product-liability claims are resolved nationwide.
Large class settlements have repeatedly reshaped corporate liability. For related coverage, see our reports on the Tyco PFAS settlement with Wisconsin, the Ohio State $100 million abuse settlement and the NCAA antitrust class action.
Frequently Asked Questions
What did the federal judge decide?
U.S. District Judge Henry Autrey remanded Bayer's proposed $7.25 billion Roundup class-action settlement to Missouri state court, ruling that objecting plaintiffs had no authority to move the case to federal court.
What happens next?
The 22nd Judicial Circuit Court in St. Louis is set to hear arguments for final approval on July 9. The objecting plaintiffs have appealed the remand to the 8th U.S. Circuit Court of Appeals.
What does the settlement cover?
It would resolve current and potential future claims from tens of thousands of people who allege Roundup's active ingredient, glyphosate, caused their non-Hodgkin lymphoma.
How does the Supreme Court factor in?
The justices are separately weighing whether federal pesticide law preempts state failure-to-warn claims against Monsanto, a ruling expected within weeks that could affect future Roundup litigation.
Sources
Reporting compiled from court records and the cited source outlets.