Statement on Schaffner Appeal Review
Monsanto issued the following statement following the Third Circuit Court of Appeals denial of Schaffner’s en banc petition seeking review by the entire Third Circuit. The unanimous August 15 decision by the three-judge panel in Schaffner is now a final Third Circuit holding:
“The unanimous decision by the Third Circuit’s three-judge panel in Schaffner is now final, and its holding that state-based failure to warn claims are preempted by federal law creates a federal circuit split with the 9th and 11th Circuits, and warrants U.S. Supreme Court review on the cross-cutting question of federal preemption, an issue that is central to the Roundup litigation nationwide. The company looks forward to presenting its case on this issue, as fully embraced by the Third Circuit, before the U.S. Supreme Court.
The Third Circuit decision also should be applied to all cases within its jurisdiction, including the Philadelphia Court of Common Pleas, saving countless court resources on trial after trial. The company is asking Pennsylvania courts to apply this precedential decision, including pending actions in Melissen before the Superior Court and Womack before Judge Roberts, the Mass Tort Leader in the Philadelphia Court of Common Pleas.
The company will continue to defend itself, as the overwhelming weight of science as well as the assessments of the EPA and leading health regulators and scientists worldwide supports the safety and non-carcinogenicity of Roundup. The company has secured favorable outcomes in 14 of the last 20 trials, including the last two PCCP trials, and has resolved the majority of claims in this litigation.”