Roundup™ Trial Developments

Roundup™ Trial Developments

Roundup trial developments in the Edwin Hardeman case are being watched by scores of other potential plaintiffs. The trial remains in Phase 1 as of Friday, March 9. This phase has been set to establish medical causation. The judge told attorneys for Monsanto and the plaintiff that he would like to see Phase 1 conclude by the following week in order to proceed to phase 2 where damages would be determined. Attorneys for the plaintiff rested their case on Friday, making room for Monsanto to present its Phase 1 arguments. The Roundup trial developments are particularly crucial in this case, since in order for the trial to proceed to Phase 2, the jury must unanimously decide that Roundup was the cause of Hardeman’s cancer. However, before proceeding, the judge will allow debate over differences present in the trial instructions for Phase 1.

Jury Instructions for Phase 1

After both sides have presented their evidence for Phase 1, jurors will be instructed to determine if Roundup caused Hardeman’s non-Hodgkin’s lymphoma. The plaintiff believes he developed this disease due to the use of Roundup™, and the defendant, Monsanto, says that there were other mitigating factors. Judge Chhabria’s instructions as to the law, in this case, must be followed judiciously by the jurors without prejudice as to their personal feelings or beliefs. Only the evidence presented during the case is to be considered when reaching a conclusion. Arguments and questions by attorneys are not evidence. In addition, evidence that was stricken from the record is to be dismissed during jury considerations.

Circumstantial and Direct Evidence

The jury will be told to consider both circumstantial and direct evidence. While direct evidence is proof of fact, circumstantial evidence proves one or more facts from which a third could be conceived. The jurors will be instructed not to use the opinion of regulatory agencies concerning safety to reach their decision.

Credibility of Witnesses

It will be up to the jury in this Roundup trial to determine the credibility of witnesses. This includes the ability of each witness to testify to the facts, the demeanor of the witness, his or her interest in the final outcome of the case and the reasonableness of his or her testimony, among other things.


The proof in the Hardeman Roundup trial is based on the preponderance of the evidence. This differs from a criminal trial where the deliberation of the jury is based on evidence that proves the innocence or guilt of the defendant without a doubt. The plaintiff, in this case, has the burden of proving his allegations by the preponderance of the evidence.


The jury will be asked to say if Roundup caused Hardeman’s cancer. It is up to the plaintiff in the Hardeman Roundup trial to prove that the pesticide caused non-Hodgkin’s lymphoma. If Hardeman provides substantial evidence to prove that Roundup caused his cancer, then the jury should find in favor of him in Phase 1.

Hepatitis C

In other Roundup trial developments, the fact that Hardeman had hepatitis C in the past is presented by Monsanto as an additional risk factor for non-Hodgkin’s lymphoma. Monsanto argues that the virus could have been responsible for Hardeman’s cancer by damaging cells and leading to NHL. However, the plaintiff’s lawyers maintain that Hardeman was cured of hepatitis C in 2006. An expert witness for the defendant concluded that Hardeman had numerous risk factors for NHL and that there was no conclusive proof that Roundup was the causative agent.

Moving Forward

If causation is found in Hardeman’s favor, the trial will proceed to Phase 2. This is where damages are discussed and decided. The jury, in the Dewayne Johnson case, awarded $289 million to the plaintiff. This included $39.25 million in direct damages and punitive damages of $250 million. A superior court judge in San Francisco said the ratio between the two types of damages must be 1:1. This reduced the damages to $78 million. The damages assessed in Phase 2 will give additional plaintiffs an idea of the awards that might occur in the future.

Roundup Cancer Lawyer

I’m Ed Smith, a Roundup™ cancer attorney. I have always fought for those harmed by the negligence of others. This is true for corporate as well as individual negligence. If history has taught us anything, it is that greed often stands in the way of honesty. If you or your loved one have been hurt by Monsanto’s corporate negligence with Roundup, call me at (916) 921-6400 for free and friendly advice. I can also be reached on my toll-free line at (800) 404-5400. If you would rather, you might use my convenient contact form found on my website.

I’ve won many wrongful death lawsuits in my over 37 years of practice as well as cases of products liability to ensure that my clients received the damages they deserved.

I am a long-time California member of the Million Dollar Advocates, a nationwide group of lawyers who have won more than $1 million for a client. I also hold membership in the National Association of Distinguished Counsel. This organization only offers membership to the top tier of lawyers who show exemplary legal excellence in their practice of law.

To learn more about my practice, visit the following pages:

Ed Smith: Roundup Trial Developments

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