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FYI
Monsanto's counsel are in the courtroom and almost all of Johnson's attorneys are here, along with a number of cameras from local media outlets. Jury's not in the courtroom yet.
Still no jury or judge. The clerk just asked the attorneys for both sides to go back to judge's chambers to talk to her. I'm guessing she wants to talk post-verdict logistics.
The attorneys are back in the courtroom. Everyone is here except the judge and jury.
Johnson is also here, sitting at the plainitff's table. He just shook each of his attorney's hands.
The jury is coming in, along with the judge.
The judge is looking over the verdict.
Are the Roundup Pro or Ranger Pro products ones about which an ordinary consumer can form reasonable minimum safety expectations? YES
Did Roundup Pro or Ranger Pro fail to perform as safely as an ordinary consumer would have expected when used or misued in an intended or reasonably foreseeable way? YES
Was the Roundup Pro or Ranger Pro design a substantial factor in causing harm to Mr. Johnson? YES
Did Roundup Pro or Ranger Pro have potential risks that were known or knowable in light of the scientific knowledge that was generally accepted in the scientific community at the time of their manufacture, distribution or sale? YES
Would ordinary consumers have recognized the potential risks? NO
Did Monsanto fail to adequately warn of the potential risks? YES
Was the alck of sufficient warnings a susbtantial factor in causing harm to Mr. Johnson? YES
Was the alck of sufficient warnings a susbtantial factor in causing harm to Mr. Johnson? YES
Did Monsanto know or should it reasonably have known that Roundup Pro or Rnager Pro wer dangerous or were likely to be dangerous when used or misued is a reasonably foreseeable manner? YES
Would a reaosnable manufacturer distributor or seller under the same or similar circumstances have warned of the danger or instructed on the safe use of Roudnup Pro or Rnager Pro? YES
Was Monsanto’s failure to warn a substantial factor in causing harm to Mr. JOhnson? YES
Past economic loss: $819,882.32; future economic loss: $1.433 million
Past and future noneconomic loss 4 million and 33 million.
$250 million in punitive damages awarded
Sorry for the rapid fire tweets, but that is how the news broke. Johnson got everything he asked for in compensatory damages, but $250 million in punitive damages (he had asked for $373 million). So the total award is $289 million.
The jury found Monsanto liable for all three claims at issue: design defect claim, a failure to warn claim and a negligent failure to warn claim.
The jury also found Monsanto acted in malice.
Here's the full story: law360.com/articles/10713…
Johnson just hugged one of his attorneys and shook Robert Kennedy Jr.'s hand. Kennedy is co-counsel for plaintiffs in other multidistrict litigation against Monsanto, pending in California federal court.
