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NEWS AUGUST 31, 2020 ¦ 27

Another group of cases, which Feinberg referred settlements of the current litigation were contingent
to as “Bucket B,” had not settled. It was unclear how on my approval of some futures class action.”
many cases fell in that category, but Hoffman said But they apparently were, according to Michael
it included 2,200 of the nearly 4,000 cases in the Baum, president of Baum Hedlund.
MDL. “Tying this group of cases to the futures class ac-
At the hearing, an attorney with tion was not something we agreed
cases in that group, R. Brent Wis- to or were aware of,” he said at the
ner, of Los Angeles-based Baum, hearing. “I think things derailed
Hedlund, Aristei & Goldman, as a result of that linking between
said Bayer, on Aug. 19, abruptly Two months after Bayer the futures cases and existing cas-

terminated the term sheet in a agreed to resolve thousands es we had filed and in progress.”
master settlement agreement Hoffman insisted that settle-
he had been negotiating since of lawsuits brought over ment negotiations could continue,

March. Monsanto’s Roundup calling the recent events a “speed
Wisner, who obtained Round- bump,” a “slight hiccup,” and a
herbicide, lawyers told a “change in circumstances,” but he
up verdicts of $2 billion and $289 federal judge Thursday that acknowledged the benefit of cre-
million, said he was ready to try ating a separate litigation track
cases. most of the settlements in case Bayer can’t “put Humpty
have unraveled. U.S. District Dumpty back together again.”
“The simple fact is we’re not Judge Vince Chhabria, who
settled,” he said. “I have an obliga- oversees the Roundup MDL,

tion to push those cases forward. gave lawyers until Sept. 24 A third group of cases, which
Right now, I don’t believe—frank- but said he might lift a stay Feinberg referred to as “Bucket C,”
ly, I don’t believe they’ve been on litigation and set cases involved hundreds of lawsuits filed
honest with me in the process, by numerous law firms, each with
and I’m tired of it.” for trial. a handful of cases. At the hearing,

He did not elaborate on Bayer’s Robin Greenwald, of Weitz & Lux-
reason for backing out but, last enberg in New York, said 380 of
month, Chhabria raised questions the 440 law firms with cases in the
about a separate, $1.1 billion class action settlement MDL have five or fewer Roundup lawsuits.
reached to resolve future lawsuits over Roundup. In “That’s one of the challenges we all face,” she said.
particular, Chhabria wrote, he was “skeptical of the As to the confidential letters that prompted Thurs-
propriety and fairness of the proposed settlement,” day’s hearing, Chhabria wanted them to be available
which was part of Bayer’s strategy to cap future claims to the public, possibly in a redacted form.
over Roundup, which remains on store shelves, by “This case and these settlements are a matter of
having a science panel determine liability for all cases. significant public interest, and to the extent that
Lawyers have moved to withdraw a motion to plaintiff ’s counsel is concerned that Monsanto is
approve that deal, but Chhabria, on Thursday, going back on the deal it had with them, and the
questioned whether Bayer had made the Roundup deal it announced in June, that seems to me is not
agreements contingent on the class action settle- something that should be kept confidential,” he said.
ment’s approval. “None of this stuff relating to the litigation of the
“If you had said to me, ‘Hey, we’ve got this settle- MDL can be done behind closed doors.”
ment in place, but it’s contingent on you approving ¦

some future settlement, can you please put a halt to Amanda Bronstad is the ALM staff reporter cov-
all the litigation?’, I think I would have said no to ering class actions and mass torts nationwide.
that,” he said at the hearing. “I certainly didn’t in- She writes the email dispatch Critical Mass. She
terpret anything you said as suggesting that these is based in Los Angeles.

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