Judge may overturn $ 289 million verdict in Monsanto Roundup box

SAN FRANCISCO – In San Francisco Judge said Wednesday she is considering tossing out the lion's share of the $ 289 million judgment against giant agribusiness Monsanto and ordering a new trial on the company's weed-killer caused groundskeeper's cancer.

San Francisco Superior Court Judge Suzanne Bolanos Monsanto's request for a complete jury of judges in the field of justice.

The San Francisco jury in August said Monsanto knew, or should have known, its best-selling roundup weed-killer causes cancer and hit the company with $ 250 million in punitive damages, which are designed to punish companies who act recklessly. The jury also awarded DeWayne Johnson $ 33 million in so-called "pain-and-suffering" damages and $ 6 million in actual damage.

But Bolanos issued a written attempt to anticipate the future of the hearing it intended to strike down the punitive damages and schedule a new trial on that issue.

During the hearing, Bolanos also said she was troubled by the $ 33 million in "non-economic" pain-and-suffering damages awarded to the jury. Johnson's lawyer argued for $ 1 million for the next 33 years. But Monsanto's lawyers arguing that Johnson is expected to live for two more years – an argument that has come to resonate with Bolanos who is mulled out over $ 9 million.

Ultimately, Bolanos ordered to submit written argument.

Johnson and his lawyers left court without comment. So did Monsanto's legal team.

However, Bayer AG, which acquired Monsanto in June, said it agreed with the judge and "continues to believe that the evidence does not support the verdict and the damage awards."

"The jury's verdict was over 40 years of real-world use, an extensive body of scientific data and analysis … and approvals in 160 countries, which support the conclusion that glyphosate-based herbicides are safe when used as directed and that glyphosate is not carcinogenic, "Bayer's statement said.

During the hearing, the judge said to be concerned with improper statements Johnson's lawyer Brent Wisner made during his closing arguments. Despite the judge's order, Wisner compared Monsanto to tobacco companies and said company executives would be drinking champagne in their boardroom if the jury sided with the St. Louis-based company.

The judge admonished the jury to say, but wondered Wednesday if they entitled Monsanto to a new trial.

"It was intentional and purposeful," Monsanto attorney George Lombardi argued.

Johnson's lawyer Michael Miller said the judge's admonition during the closing arguments was sufficient.

"The jury did not miscarry justice," said Miller. "Its decision was unanimous it should be respected."

In her ruling attempt, Bolanos wrote that plaintiff Johnson failed to produce "clear and convincing evidence of malice or oppression" by Monsanto. She wrote that he did not provide any evidence that Monsanto employees believed that exposure to the product caused his lymphoma.

Monsanto had argued that Johnson failed to prove that the cause of the disease was similar to that of hereditary cancer, and that Monsanto executives were malicious in marketing it.

Regulators around the world have concluded that the active ingredient in Roundup – glyphosate – is not a human carcinogen, the attorneys said in short papers. They called the verdict extraordinary and said it requires "exceptional scrutiny."

Johnson's attorneys responded in court that the jury was well-educated and attentive. The evidence was "more than sufficient to support an inference" that Johnson's cancer was caused by his exposure to Monsanto's herbicides, the attorneys said.

"Mr. Johnson's story is tragic and could have been prevented if Monsanto actually showed a modicum of care about human safety," they said.

Johnson's lawsuit is one of the leading causes of cancer Roundup caused cancer, but it was the first one to go to trial. He spoke to CBS News correspond Anna Werner after the verdict, saying the lawsuit was not just about him.

"Dying is something that everyone has to do, right? So, you know you're dying … it's like that, it's like, well, you can not just die for nothing," Johnson said.

His first job when he took a job as a pest control manager for a school in 2012. Share on Facebook Tweet on Twitter gantphosate-based weed killers made by Monsanto He said he wore protective gear while spraying 20 to 30 times a year. At one point, he said, spraying chemicals inside his suit. A few months later, he developed a rash that spread over his body.

"It never went away, and it got worse, and then worse, and worse," Johnson said.

Doctors diagnosed him with non-Hodgkin's lymphoma.

Many government regulators have rejected a link between glyphosate and cancer. Monsanto has vehemently denied such a connection, saying hundreds of studies have established that glyphosate is safe.