|
 U.S. District Judge Vince Chhabria during a hearing in San Francisco
federal court called his decision "probably most disappointing for
Monsanto," the Bayer unit that manufactures the world's most widely
used herbicide.
The company denies allegations that glyphosate causes cancer and
says decades of independent studies have shown the chemical to be
safe for human use.
Chhabria on Monday said plaintiffs could introduce some evidence of
Monsanto's alleged attempts to ghostwrite studies and influence the
findings of scientists and regulators during the first phase of
upcoming trials. He said documents which showed the company taking a
position on the science or a study introduced during the first phase
were "super relevant."
The company had hoped the judge would take a harder line on such
evidence following a Jan. 3 order by Chhabria restricting evidence
of corporate misconduct. At the time, that decision lifted Bayer's
shares nearly 7 percent.
Monsanto had argued much of this evidence was a "sideshow" that
would only distract jurors from the scientific evidence.
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Plaintiffs' lawyers contended some evidence of corporate misconduct
was inextricably linked to their scientific claims.
The judge appeared to agree with them, saying it was difficult to
draw the line between scientific evidence and allegations of
corporate misconduct, and questioned whether it would be fair for
the jury to not hear about the company's alleged attempts to
influence scientists.
The parties did agree that other internal documents, including
emails of Monsanto employees discussing lobbying efforts, do not
belong in the initial trial phase.
Under Chhabria's order, that evidence would be allowed only if
glyphosate was found to have caused plaintiff Edwin Hardeman's
cancer and the trial proceeded to a second phase to determine
Bayer's liability.
The order applies to Hardeman's case, which is scheduled to go to
trial on Feb. 25, and two other upcoming cases. There are some 620
Roundup cases before Chhabria, out of more than 9,300 nationwide.
Plaintiffs' lawyers believe corporate misconduct evidence was
critical to a California state court jury's August decision to award
$289 million in a similar case. The verdict sent Bayer shares
tumbling at the time, though the award was later reduced to $78
million and is under appeal.
(Reporting by Tina Bellon in New York; Editing by Anthony Lin and
Bill Berkrot)
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