Tag Archives: #epicfail

Monsanto Trial Starts in San Francisco

Organics Admin
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Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
Organics Admin
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HAS THE TIME COME WHEN MONSANTO WILL FINALLY BE HELD RESPONSIBLE???

So which is your elected Official??? Stupid or a liar???

June 18, 2018 – San Francisco, California – – The trial of DeWayne Johnson v. Monsanto Companyshould begin sometime this month in the Superior Court for the County of San Francisco, California. Plaintiff DeWayne “Lee” Johnson alleges that exposure to certain Monsanto glyphosate-based herbicides, including Roundup®, caused him to develop non-Hodgkin lymphoma (NHL).

A presiding judge held a hearing this morning to determine that Superior Court Judge Suzanne Ramos Bolanos will be the judge assigned to oversee the Johnson Monsanto Roundup trial.

We anticipate at least five to seven court days to handle motions in limine (requests to exclude certain testimony) and jury selection.

Mr. Johnson’s case is not part of the cases consolidated in theJudicial Council Coordinated Proceeding (JCCP) in Alameda County. His case was not included in that JCCP and Judge Karnow agreed, and Monsanto stipulated, to expedite Mr. Johnson’s case to trial due to his failing health.

The Miller Firm, based in Virginia, and Baum, Hedlund, Aristei & Goldman,based in Los Angeles, are co-counsel for Mr. Johnson. Defendant Monsanto Co. is represented by attorneys from Hollingsworth, Farella Braun + Martel and Winston & Strawn.

Lee Johnson worked as a groundskeeper for the Benicia Unified School District. Between 2012 and 2015, Mr. Johnson’s job entailed the application of Monsanto glyphosate-based herbicides to school properties. In 2014, Mr. Johnson began to experience severe skin irritation, which he reported to health care providers.

Lee contacted Monsanto after discovering the rash. He called and wrote to Monsanto Company, asking if his rash could have been caused by his use of Roundup? Internal Monsanto emails, later obtained by his lawyers, discuss his call but Monsanto never responded to him, so he kept using Roundup®.

Medical notes from this time show that Mr. Johnson’s symptoms appeared to get worse with exposure to a Monsanto glyphosate-based herbicide. Mr. Johnson’s health care providers consulted Monsanto’s Material Safety Data Sheet for the herbicide, which did not refer to any type of cancer risk.

In August of 2014, Lee Johnson was diagnosed with epidermotropic T-cell lymphoma. After his diagnosis, his job still required him to apply and be in close contact with Monsanto glyphosate-based herbicides. Despite enduring chemotherapy treatments throughout 2015, Mr. Johnson’s cancer progressed and in September, a biopsy revealed mycosis fungoides (non-Hodgkin lymphoma with large cell transformation).

Mr. Johnson retained the Miller Firm to represent him and filed a lawsuit against Monsanto in 2016. According to the complaint, Mr. Johnson was healthy and active prior to his cancer diagnosis.

In January of 2018, Mr. Johnson’s treating physician testified in a deposition that 80 percent of Johnson’s body was covered by lesions and that he likely only had a few more months to live. Since the deposition, Mr. Johnson began taking a new drug and his condition has improved, though he often remains confined to his bed.

Mr. Johnson’s lawyers said that “although Lee is fighting for his life, he will find the strength and courage to stand up to Monsanto. Lee will show his children the true meaning of bravery regardless of the outcome.”

What:

 A hearing to assign a trial judge to DeWayne Johnson v. Monsanto Company (case no. CGC-16-550128) occurred on Monday, June 18 at 9:30 AM. Judge Suzanne Ramos Bolanos is the judge assigned to oversee the Johnson trial.

Motions in limine and jury selection will take approximately five to seven court days before the trial can begin, though opening statements could possibly take place as soon as Monday, June 25.

Mr. Johnson is the first claimant to take Monsanto Co. to trial over allegations that the agrochemical company knowingly concealed the cancer-causing risks associated with exposure to its billion-dollar herbicide, Roundup®.

On May 17, 2018, California Superior Court Judge Curtis E.A. Karnow issued an order that allows jurors in Johnson to consider the scientific evidence related to the cause of Mr. Johnson’s cancer as well as allegations that Monsanto knowingly suppressed evidence that exposure to Roundup® can cause non-Hodgkin lymphoma.

Monsanto filed a motion for summary judgment based on another pretrial motion to exclude Mr. Johnson’s causation experts: if the experts were excluded, Mr. Johnson would not have evidence to prove medical causation. However, Judge Karnow ruled most of the opinions of the plaintiff’s experts were admissible and sufficient as evidence of both general and specific causation. As such, Monsanto’s motion for summary judgment on the basis of causation was denied.

Judge Karnow also ruled that Mr. Johnson carried his burden of producing evidence from which a reasonable jury could find that Monsanto had acted with such malice, fraud or oppression as to warrant punitive damages.

To look at court documents on the Johnson case, go to The Superior Court of California County of San Francisco, click Online Services, Case Query and enter case number CGC-16-550128.

You can also access court documents and related new stories athttps://usrtk.org/pesticides/mdl-monsanto-glyphosate-cancer-case-key-documents-ana

Allegations:

The lawsuit alleges Monsanto, among other things:

Knew or had reason to know that its Roundup® products were defective and were inherently dangerous and unsafe when used in the manner instructed and provided by Defendants.

Did not sufficiently test, investigate, or study its Roundup® products and, specifically, the active ingredient glyphosate.

Knew or should have known at the time of marketing its Roundup® products that exposure to Roundup® and specifically, its active ingredient glyphosate, could result in cancer and other severe illnesses and injuries.

Did not conduct adequate post-marketing surveillance of its Roundup® products.

Could have employed safer alternative designs and formulations.

Information Monsanto did provide failed to contain relevant warnings, hazards. and precautions that would have enabled those exposed, such as Lee Johnson, to utilize the products safely and with adequate protection. Instead, Monsanto disseminated information that was inaccurate, false, and misleading and which failed to communicate accurately or adequately the comparative severity, duration, and extent of the risk of injuries with use of and/or exposure to Roundup® and glyphosate; continued to aggressively promote the efficacy of its products, even after it knew or should have known of the unreasonable risks from use or exposure; and concealed, downplayed, or otherwise suppressed, through aggressive marketing and promotion, any information or research about the risks and dangers of exposure to Roundup® and glyphosate.

Systematically suppressing or downplaying contrary evidence about the risks, incidence and prevalence of the side effects of Roundup® and glyphosate-containing products;

Continuing the manufacture and sale of its products with the knowledge that the products were unreasonably unsafe and dangerous.

The complaint cites studies concluding that exposure to glyphosate, the active ingredient in Roundup®, can cause non-Hodgkin lymphoma and a host of other serious health issues. In 2015, the International Agency for Research on Cancer (IARC) classified glyphosate as a probable human carcinogen based on a review of the available literature.

Monsanto contends its Roundup® products are safe and do not cause cancer, including non-Hodgkin lymphoma.

 Who:

 Attorneys for the Plaintiff

 From the Miller Firm LLC

David J. Dickens (Co-lead trial counsel)

Timothy Litzenburg  (Co-lead trial counsel)

 From Baum, Hedlund, Aristei & Goldman PC

  1. Brent Wisner(Co-lead trial counsel)

Pedram Esfandiary

Michael L. Baum

 From Audet & Partners, LLP

Mark Burton

 Attorneys for the Defendant

 From Hollingsworth LLP

Joe G. Hollingsworth

Martin C. Calhoun

Kirby T. Griffis

William J. Cople

 From Farella Braun + Martel LLP

Sandra A. Edwards

Joshua W. Malone

From Winston & Strawn LLP

George C. Lombardi

James L. Hilmert

 When:

Exact trial start date TBD after motions and jury selection are done. Baum Hedlund will send an alert to anyone interested in the exact start date. Opening statements could possibly take place on Monday, June 25.

Where:

The Superior Court of California

County of San Francisco

Trial Judge – Suzanne Ramos Bolanos

Courtroom 504

400 McAllister St.
San Francisco, CA 94102

Watch it live? A request to broadcast the trial via CVN – Courtroom View Network will be made to Judge Bolanos. Baum Hedlund will keep interested press informed if the judge approves the trial being filmed for broadcast. Please contact CVN for pricing at https://cvn.com/pricing.

Tune in daily to podcasts and back here for trial updates.

Until Next Time

Happy Gardening

June 22, 2013 update….

Johnson’s attorneys are likely to argue to jurors that the World Health Organization’s International Agency for Research on Cancer (IARC) classified glyphosate as “probably carcinogenic to humans” in 2015, and that Monsanto withheld information prior to that indicating the substance caused cancer.

Monsanto has argued in court filings that glyphosate does not cause cancer, characterizing the IARC’s position as an outlier and contradictory to findings of other regulatory agencies like the EPA and the National Institutes of Health.

Johnson is represented by the California-based Miller Firm LLC.

Monsanto is represented by a team of attorneys from three firms from across the country, including Winston & Strawn LLP’s Chicago office, Hollingsworth LLP’s Washington, DC office, and Farella Braun + Martel LLP’s local San Francisco office

SOURCE

PPI….Once Again the PPI comes to a Crossroad

Organics Admin
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Organics Admin

COO at Aladay LLC
Organic Farmer, Property Preservation Specialist and Custom Glass & Wood Worker. Blogger extraordinaire...
Organics Admin
Follow Me!!

Latest posts by Organics Admin (see all)

HELLO YEAH….IT’S BEEN A WHILE…

Emplactor or Employee Status versus Independent Contractor,….

As we remember those that came before us and those that have given their all so I may write and publish my thoughts without reprisal. Today the thoughts are about how fickle life can be. As I watch the next struggle in every aspect of life…lotta struggles. However, today I write for a couple reasons.

The first is to see…see just how far I can reach with some common sense thinking and sharing. The second, of course is to wish everyone a great Happy CHRISTMAS and give some of my wimsy wit.

Property Preservation…

Author, interviewer, consultant, and most of the time just a crazy loon…Aaron Aveiro…

The elephant in the room is the issue of Misclassified Employees as Independent Contractors.  The reality is the Banking Industry has found a way to once again screw the American Taxpayer. Let that sink in…

The Property Presertvation Industry is the Banking Industry’s dirty little secret. Like the Democrats with the Russian story the Banker wring their hands in the back rooms plotting their next course to squeeze anouther drop of blood out of your dollar. You see the coursts have said as a matter of law that you have employee status. Now since the banks have to pay, or so they say, to get these foreclosed properties cleaned up and back onm the market for sale versus taking a drastic loss via the auction houses. In their quest to be at the top of the Pecuniary Greed heap they not only cheat the American Taxpayer they are cheating you the Emplactor that believes you are an Independent Contractor, because the reality is you are an Employee. An Employee with out any taxes, insurances, unemployment, no benefits what-so-ever. All those taxes are called “Payroll Taxes” which are paid as part of the Employers tax contributation.

Background for context…

It is common knowledge the Banking Industry adopted a Too Big to fail Mentality and collasped the American Economy causing a flood of forclosures throughout the country. Then the Bankers that were responsible a financial catastrophy,  came slithering on their bellies to our Elected Officials for help. The necessary help to remedy their current circumstances? Cash. But not just any cash, your cash was the solution.  Where do our Elected Officials get cash???? Our tax dollars, so now we have the folks that took our money and basically parlayed it on a  lohgshot proposition and lost. They lost and now they were asking for more of your money!!!! Congress, Our wonderful Elected Officials lookingh out for our best interests to create a dependent society gave it to them. They giddy as a kid in the candy store imediately gave themselves bonuses. Giving the finger to the American Taxpayer.

Now today the Property Preservation Industry, a viable industry that in reality the banking industry operates under the radar.  I want you to stop and think why the bank will finance anyone wanting a property. You cannot take the dirt with you, build a house it stays also.  So in reality the bankers never lose money. Even when they 1099 you for the interest they claim to lose on the last ten years of a loan. They resell the property.

In reality the bankers are playing the money game again. Auctioning Properties versus paying the bills to clean the messes up they are responsible for is the “in vogue” subject for the bankers. They can eat the loss because whoever buys the property…will need financing…where do you get financing????

Now today’s podcast is below and I ask the The Gentlemen that I have called out over the past year, you know who you are, start a dialouge and include labor. My company was not only efficeint and profitable, until the day came when negotiations were longer accepted as a business practice. The day when the members of the Leading Trade Organization in the Property Preservation Inbdustry flipped the industry from a 1099 industry to a W-2 industry. You can not have it both ways.

The time has come to address the industry and organize it in a manner that will resolve many issues that plague the PPI. The first place to start is by addressing Labor. How many of you Emplactors have insurance, have unemployment insurance, or any form of slush fund to live on because you will not be able to collect unemployment benefits inbetween jobs???

In closing please tune in for my interview with Satsyi Barth California Gobinatorial Candidate for 2018.

Stasyi Barth is a happily married mother of three, Constitutional Conservative, USAF Veteran, and seasoned political activist who’s running for Governor of California in 2018 on the Republican ticket.Pro Freedom – Pro Liberty – Pro Constitution – Pro Growth – Pro 2nd Amendment
Small Government – Low Taxes – Religious Freedom – School Choice
Family – Life – Love
 I will be asking questions from the agriculture GMO industry and of course issuse involving the Property Preservation Industry. Are you in California? Have a question concerning policies in the PPI??? send them to me and we’ll ask Mrs. Barth

Have a Great day and remember,

We have some AWESOME gift ideas and can ship anywhere. If you like the Podcast give it a thumbs up, subscribe to the station. That is how it gets monitized, so they say…if you need assistance with developing policies for your business reach out I work cheap!!!

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Happy Gardening