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And here it is. More Monsanto internal emails and texts with the EPA.
In today's Pilliod v. Monsanto testimony, expert Dr. Charles Benbrook shared more about the scientific fraud by Industrial Bio-Test (IBT) Laboratories in the 1970s, and how Roundup was approved by the EPA based on IBT's invalid studies. #MonsantoTrial
Dr. Benbook is an agricultural economist and headed a subcommittee of the House Committee on Agriculture at the height of the IBT scandal from 1981-1983. @helenchristophi reported on his Johnson testimony and the IBT fraud here:
@Monsanto attorneys did not want Benbrook to mention the IBT studies in the Johnson trial, and they were excluded as prejudicial. IBT has been allowed in the Pilliod trial, but the defense is really unhappy about Benbrook testifying at all. #MonsantoTrial
I've counted 24 defense objections so far. #MonsantoTrial
Just got word from @baumhedlund: plaintiffs plan to rest on April 23 and case will go to the jury on May 6. #MonsantoTrial
Plaintiff Alberta Pilliod will take the stand shortly. #MonsantoTrial
Alberta Pilliod testified that because of various TV ads for #RoundUp, she thought it was safe, “like sugar water.” #MonsantoTrial
There was quite the kerfuffle in the courtroom today. Baum Hedlund attorney Brent Wisner, representing the Pilliods, got into some trouble for demonstrating how #Roundup is sprayed. It was an older bottle he had cleaned out with water, but one juror was concerned. #MonsantoTrial
The juror passed the judge a note saying "Why did the lawyer put gloves on if there was no Roundup in it?" @Bayer attorney Kelly Evans objected to the demonstration. Wisner asks why he didn't object during Al Pilliod's testimony. #MonsantoTrial
Evans says, "When they're examining the plaintiffs we are very reticent to object and interrupt." Wisner says, "They objected twice when Mr. Pilliod was talking about how he thought his wife was dead and now they have the nerve to say they didn't want to object." #MonsantoTrial
Evans says, "It's not OK to violate a motion in limine and expect us to object. It's prejudicial and improper." (He was also referring to a 2019 bottle of Roundup Wisner showed the jury. Post-use!)
Judge Winifred Smith tells the jury to disregard the 2019 bottle as irrelevant and assures the jury that the other bottle just contained water. "It's not the end of the world," she tells the lawyers. Dramatic stuff. #MonsantoTrial
A recap of testimony from the Pilliods today. @courthousenews
@CourthouseNews No trial today, but at a hearing in the Pilliod case, Judge Winifred Smith said she would likely deny Monsanto's motion for judgment in its favor, or nonsuit. @Bayer lawyers argued there's no evidence of fraud or malice for punitive damages. #MonsantoTrial
@CourthouseNews @Bayer I should clarify that Monsanto lawyer Eugene Brown said specifically there's not "sufficient" evidence.
@CourthouseNews @Bayer Another nugget from today's hearing: @baumhedlund attorney Brent Wisner asked the court to order the defense not to publish the personal information of jurors, saying the appeal brief from the Johnson trial attached a juror's letter to the judge with the juror's email address.
@CourthouseNews @Bayer @baumhedlund Monsanto attorney Kelly Evans with Evans Fears & Schuttert LLP said he had not heard of this. He seemed mortified. "We certainly agree not to do that," he said, adding they'll deal with appellate issues when it gets to that point.
@CourthouseNews Back in court for the start of Monsanto's defense. Up first, Dr. Celeste Bello, a hematologist at Moffitt Cancer Center. Bello testified that Alberta Pilliod's cancer had no known cause. Alberta's attorney moves to exclude her testimony, but is overruled. #monsantotrial
@CourthouseNews My recap of hematologist Dr. Celeste Bello's testimony today @CourthouseNews
@CourthouseNews Monsanto's exposure expert just testified that glyphosate is 96 percent water, and since the skin is such an excellent water barrier, the Pilliods' actual exposure to glyphosate was infinitesimal. He likened it to a tiny fraction of a teaspoon. #MonsantoTrial #glyphosate
@CourthouseNews Judge Smith just officially denied Monsanto's motion for nonsuit. Monsanto's lawyers had argued that the jury should not consider punitive damages for lack of evidence of intent. Smith says "There's no question these issues can and should go to the jury." #monsantotrial
@CourthouseNews The latest in #monsantotrial. Testimony from Monsanto's expert, Dr. Robert Phelan. “I’m confident there’s no hazard there," he says.
#glyphosate #Roundup
@CourthouseNews Interesting note on this one- Phelan and plaintiffs' toxicologist have entirely different takes on Roundup's makeup. Dr. William Sawyer says the amount of glyphosate is "generally in the 40 to 60 percent range," while Phelan says it's 2 percent. #Roundup #glyphosate
@CourthouseNews Back in court. First thing this morning, Judge Smith rules she won't allow the defense to bring in the EPA's reaffirmation of #glyphosate safety from last week. Says "it doesn’t really represent a decision from the EPA" and could be prejudicial to the plaintiffs. #monsantotrial
@CourthouseNews .@cityofhope oncologist Dr. Alexandra Levine is currently on the stand to refute her colleague Dr. Dennis Wisenberger on the cause of Al Pilliod's cancer. Levine attributes his lymphoma to a deficient immune system, not #Roundup.
My coverage from the courtroom where #Monsanto concluded its defense with testimony from Dr. Alexandra Levine. @CourthouseNews bit.ly/2PUXkn2 #monsantotrial
@CourthouseNews Ahead of closing arguments tomorrow in Pilliod v. Monsanto, lawyers for both sides are wrangling over jury instructions before Judge Smith. @Bayer lawyers have also filed a motion to exclude improper closing argument by the Pilliods' lawyers. Details to come. #monsantotrial
@CourthouseNews @Bayer "Nobody told me that Daryl Hannah was here!" - Judge Smith at the start of the hearing on the motion, which was only just filed this morning and has not been made publicly available yet. Apparently there was an issue with a juror spotting celebrities last week. #monsantotrial
@CourthouseNews @Bayer The juror had asked if they could get a photo with @dhlovelife and Neil Young. Judge Smith said, "I don’t want this to turn into some event because it’s not. I don’t want the jury to be influenced by anything that happens outside this courtroom or the jury room.” #monsantotrial
@CourthouseNews @Bayer @dhlovelife .@MillerFirmLLC attorney Michael Miller also told Judge Smith that Monsanto has investigators following jurors around and spying on their conversations. #monsantotrial
@CourthouseNews @Bayer @dhlovelife @MillerFirmLLC The Pilliods' attorney has "every intention of getting this jury angry at Monsanto" during tomorrow's closing arguments. Judge Smith doesn't want any drama. Read all about it @CourthouseNews bit.ly/2VLUzd5
Waiting outside the courtroom with @doratki. She’s right- I can only describe the scene in this hallway as organized pandemonium. #MonsantoTrial
And they’re giving these out to the press. Maybe I’ll get it laminated and see where else it takes me. #monsantotrial
People are squabbling over seats. This is madness. And apparently Oliver Stone is here.#MonsantoTrial
In terms of the Pilliods’ individual risk factors for lymphoma, their attorney says adding #Roundup was “like lighter fluid on a barbecue.” Wisner is about to end his opening statement. #monsantotrial
Attorney Brent Wisner just asked the jury to award $1 billion in punitive damages against #monsanto. He said he thought very hard about what would be a proper punishment and get it to do it’s own study on #Roundup
He calls the 1 billion “a number that changes things.”
This is on top of $47k in economic damages and $18 million in non-economic damages for Alva Pilliod. And roughly $200k in economic and $34 million in non-economic damages for Alberta.
Alberta can also be awarded up to $2.9 million in future economic damages for her chemotherapy drugs.
It must be very strange to be a plaintiff in court, listening to your lawyer estimate how much longer you've got left to live. #monsantotrial
Monsanto’s attorney objects to “improper and prejudicial” statements Wisner made during his closing- about glyphosate in food and “everywhere” and the contents of Roundup’s label being Monsanto’s choice. Motion for mistrial denied by Judge Smith. #monsantotrial
Judge Smith cut Wisner's rebuttal off by 10 minutes after he started to get theatrical. Tells him "to knock it off" after he blasts Monsanto's attorney for having "the nerve to call me manipulative."#monsantotrial
Smith just gave the jurors their final instructions. Story @CourthouseNews to come. #monsantotrial
@CourthouseNews Jurors urged to send a message to #Monsanto with a verdict for $1 billion in punitive damages. Read about arguments today in Pilliod v. Monsanto @CourthouseNews #monsantotrial
@CourthouseNews If the jury does not reach a verdict by today, they'll have to continue on Monday. Meanwhile, @baumhedlund @MillerFirmLLC and @audetlaw plan to hold a press conference two hours after the verdict, whatever day that is. The Pilliods are expected to be there. #monsantotrial
@CourthouseNews @baumhedlund @MillerFirmLLC @audetlaw As a refresher, here is a table of #glyphosate classifications worldwide, courtesy of @CDCEnvironment and the Agency for Toxic Substances and Disease Registry's toxicological profile. #Monsanto
@CourthouseNews @baumhedlund @MillerFirmLLC @audetlaw @CDCEnvironment Looks like the jurors are inquiring about the first question on the verdict form-"Did Roundup fail to perform as safely as an ordinary consumer would have expected when used or misused in an intended or reasonably foreseeable way?" #MonsantoTrial
@CourthouseNews @baumhedlund @MillerFirmLLC @audetlaw @CDCEnvironment Plaintiff's attorney Brent Wisner jokes that "all of this could have been avoided with a general verdict [form]." Smith retorts, "So you say." (She doesn't like general verdicts).
@CourthouseNews @baumhedlund @MillerFirmLLC @audetlaw @CDCEnvironment Judge Smith just said the jurors only have a few minutes left today to deliberate, then they'll have to "pack up" and return Monday. #MonsantoTrial
@CourthouseNews @baumhedlund @MillerFirmLLC @audetlaw @CDCEnvironment And it looks like we won't be getting a verdict today. But there's a very good chance of one Monday. #MonsantoTrial
Jurors have started trickling in for day two of deliberations. #monsantotrial
First question of the day.
Sounds like they're getting close. The question was about an instruction on filling out the verdict form. #monsantotrial
It appears to be more specifically about damages calculations.
Just overheard an attorney say there's a good chance of a verdict in the next 40 minutes.
Well, it’s been 40 minutes and still nothing, so that was probably just optimistic speculation.
Looks like the jurors are about to take lunch.
#Monsantotrial: Jurors are back from break.
#Monsantotrial: We have a verdict. Stay tuned . . @CourthouseNews
#Monsantotrial Verdict: Roundup caused substantial harm to Alberta Pilliod and Monsanto knew it was hazardous. @CourthouseNews
Monsanto failed to warn of the danger.
$1 billion in punitive damages for Alberta.
Same for Alva. Caused substantial harm. #monsanto was negligent in design and failed to warn.
Also $1 billion punitive damages for Alva.
Only one juror did not believe Roundup harmed Alberta but he was in agreement with fellow jurors on negligence and failure to warn.
Three jurors disagreed with the amount of punitive awarded.
A few jurors want to leave so we’re holding back in the courtroom until they exit.
Hugs all around from plaintiffs and their lawyers.
“We made history today.” @baumhedlund attorney Brent Wisner.
@baumhedlund #MonsantoTrial: “If Bayer doesn’t wise up and see the writing on the wall we’re going to dismantle this company with these verdicts," the Pilliods' attorney Brent Wisner said. Read my coverage @CourthouseNews bit.ly/2Ypaxr5
@baumhedlund @CourthouseNews #Monsantotrial update: Some jurors spoke about the trial. They found Dr. Alexandra Levine to be Monsanto's best witness but did not find her as knowledgeable about glyphosate or Roundup as Dr. Christopher Portier or her @CityofHope colleague Dr. Dennis Weisenburger.
@baumhedlund @CourthouseNews @cityofhope Portier and Weisenburger were plaintiffs' witnesses. One juror who did not want to be identified said they were at the "top of everyones' list" in terms of credibility.
@baumhedlund @CourthouseNews @cityofhope Here's a redacted verdict form for Alva Pilliod:
@baumhedlund @CourthouseNews @cityofhope #MonsantoTrial: When the clerk read the verdict form and got to the punitive damages section, he read it as a question. "One . . . billion?" It was as if he wasn't sure that's what they were really awarding.
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