In a brief filed on behalf of the American Association for Justice (AAJ), CCL pointed out serious constitutional flaws implicating the right to trial by jury and the right of access to the courts in a proposed class settlement of in the Roundup multi-district litigation. The settlement would affect thousands of claimants who used the weed killer Roundup, which is alleged to cause non-Hodgkins lymphoma (NHL). The settlement would put nearly $2 billion up to settle claims, while the defendant, Monsanto, continues to sell the product.

     The settlement proposes allowing claimants who reject individual settlement offers to bring their cases before a jury, but truncates those trials by mandating certain evidence be admitted and limiting remedies. The brief points out that a so-called "advisory" science panel, which would delay cases brought by at least four years, provides inherently problematic evidence before the jury about the connection between Roundup and NHL that adversely affects the jury's role in judging the credibility of witnesses and the weight accorded to evidence. The Science Panel conclusion entered into evidence need not even be accurate to be beyond challenge, while all counter-evidence would be subject to all evidentiary challenges.

     The brief also argues that the proposed settlement would prohibit punitive damages in those jury trials, giving Monsanto a free pass to continue the egregious misconduct that potentially exposes it to those damages absent the settlement.

     A National Law Journal article published the same day as the AAJ amicus brief was filed, features the brief in describing the uproar that the proposed settlement generated within the trial bar.