Johnson v. Monsanto Co.
Jury Awards Groundskeeper $289.2 Million in Landmark Monsanto Roundup Verdict
Dewayne Johnson v. Monsanto Company was the first Roundup cancer lawsuit to proceed to trial. Mr. Johnson's lawsuit alleges exposure to Monsanto’s Roundup weed killer and its active ingredient, glyphosate, caused Northern California resident Dewayne “Lee” Johnson to develop non-Hodgkin lymphoma (NHL). His trial began on July 9, 2018 in California state court and ended on August 10, 2018 with a landmark verdict, the first verdict against Monsanto, determining that Roundup causes non-Hodgkin lymphoma. The jury awarded Mr. Johnson $289 million ($39.2 million in compensatory damages and $250 million in punitive damages for failing to warn consumers that exposure to Roundup weed killer causes cancer).
Punitive damages in Johnson were later reduced to $39.25 million, bringing the combined damages to $78.5 million. Monsanto (now Bayer) appealed the jury verdict. The First District Court of Appeal upheld the verdict, finding that Monsanto is liable on the failure-to-warn claims because substantial evidence was presented that Roundup’s risks were “known or knowable” to Monsanto. The Court reduced the total damages to $20.5 million. Bayer did not seek Supreme Court review.
Lee Johnson worked as a groundskeeper for the Benicia Unified School District in the San Francisco Bay Area. Between 2012 and 2015, part of Mr. Johnson’s job was to apply Monsanto herbicides to school properties.
In 2014, Lee began to experience severe skin irritation, which he reported to health care providers. He also contacted Monsanto, asking if his skin irritation could have been caused by his use of Roundup. Internal Monsanto emails later obtained by Lee’s attorneys show that his queries concerning Roundup were discussed among company employees. However, Monsanto never responded to Mr. Johnson, so he continued to use Roundup.
In August of 2014, Lee was diagnosed with mycosis fungoides (non-Hodgkin lymphoma with large cell transformation). 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.
Mr. Johnson filed a Roundup cancer lawsuit against Monsanto in 2016. He is represented by the Miller Firm and Wisner Baum (formerly Baum Hedlund Aristei & Goldman).
10/21/2020 update: California Supreme Court denied Monsanto’s (Bayer AG) request for review of the Johnson case.
8/31/2020 update: Monsanto (Bayer AG) files petition for review in California Supreme Court.
7/20/2020 update: Monsanto/ Bayer AG loses appeal in Johnson v. Monsanto. The California Courts of Appeal First Appellate District ruled today in favor of Plaintiff Dewayne “Lee” Johnson. Statement by Co-Lead Trial Counsel R. Brent Wisner:
"This is another major victory for Lee and his family. Nearly every argument by Monsanto was rejected, including Mansanto's vaunted preemption defense, and the verdict was upheld. The reduction in damages is a function of a deep flaw in California tort law, not the merits of the case. Basically, California law does not allow a plaintiff to recover for a shortened life expectancy. This effectively rewards a defendant for killing a plaintiff, as opposed to just injuring him. It is madness. That Lee will not live an entire life with his wife and children should be compensable. Hopefully, when the issue gets before the California Supreme Court, we can change this irrational law." -July 20, 2020
6/2/2020 update: Oral arguments from California appeals court available via CVN.
4/9/2020 update: The California Court of Appeal First Appellate District set a hearing date of June 2, 2020 for Johnson v. Monsanto.
2/11/2020 update: California Attorney General Xavier Becerra filed amicus brief in support of plaintiff.
9/30/2019 update: Attorneys for plaintiff Dewayne “Lee” Johnson filed omnibus response to amicus briefs.
5/24/2019 update: The plaintiff, Mr. Johnson, filed his response and cross appeal.
4/23/2019 update: Monsanto filed its appeal.
3/27/2019 update: The Johnson case is currently on appeal in the California State Court of Appeals. Monsanto’s opening brief is due on April 22, 2019.
10/26/2018 update: Johnson v. Monsanto – Notice of Acceptance of Remittitur – Judge upheld the jury’s verdict but reduced the punitive damages award, bringing the total award to $78.5 million.
Wisner Baum Statement:
While we think the punitive damages reduction was not appropriate, Judge Bolanos’ final ruling did weigh the liability and punitive conduct evidence according to the required standard: in a light most favorable to the prevailing party, thus preserving the jury’s basic findings. We appreciate and acknowledge this jury’s verdict sending a strong message to deter Monsanto’s conduct that caused Lee Johnson’s non-Hodgkin lymphoma. However, to hopefully achieve a final resolution within his lifetime, Mr. Johnson has accepted the punitive damages reduction suggested by Judge Bolanos. We expect Monsanto to appeal, notwithstanding, so we will address all issues regarding the verdict and the amount of damages at the Court of Appeals.
10/22/2018 update: Judge Bolanos denied Monsanto’s motion for JNOV (Judgment Notwithstanding The Verdict) in Dewayne Johnson vs. Monsanto.
Statement on behalf of Wisner Baum & The Miller Firm:
Although we believe a reduction in punitive damages was unwarranted and we are weighing the options, we are pleased the Court did not disturb the verdict. The evidence presented to this jury was, quite frankly, overwhelming. And, as we saw in recent days, this jury was intelligent, diligent, and followed the letter of the law. We are happy the jury’s voice was acknowledged by the Court, even if slightly muted. We are still reviewing whether we will accept the proposed remittitur or retry the punitive damages. That said, today is a triumph for our legal system. We care deeply for Lee and his family, and we are excited to share this important win with them and all those who supported this case.
10/12/2018 update: Plaintiff and Defense filed the proposed orders today regarding the motion for JNOV (Judgment Notwithstanding The Verdict) in Dewayne Johnson vs. Monsanto.
10/2/18 update: Attorneys for Mr. Johnson filed two opposition briefs on October 2, 2018 in response to motions previously filed by Monsanto; one opposing Monsanto’s motion for a new trial and the other opposing Monsanto’s motion to reverse or amend the landmark verdict. According to the plaintiff’s briefs, Monsanto “received a fair trial in this case and an independent assessment by a remarkable jury who unanimously found ample evidence that Plaintiff proved all elements of his case…It is time to end this litigation and respect the jury’s judgment.”
In the documents below, you will find trial transcripts and exhibits (posted after 48-hour delay) and other court documents from Dewayne Johnson v. Monsanto Company. For access to all public documents in this case, you can view the docket via the Superior Court of California, County of San Francisco.
If you are looking for the court documents from the federal Monsanto Roundup litigation (MDL), please visit the Monsanto Court Papers page.
If you are looking for unsealed Monsanto emails, communications, studies and other memoranda, please visit the Monsanto Papers page.
- Day 1: 7/9/18 – Plaintiff opening statement by R. Brent Wisner and Defense opening statement by George C. Lombardi
- Day 2: 7/10/18 – Video deposition of Dr. Mark Martens, former Monsanto executive, Toxicology Agriculture Research & Development Director for Monsanto Europe and video deposition of Dr. William Heydens, Product Safety Assessment Strategy Lead
- Day 3 A: 7/12/18 – Dr. Christopher Portier, former Director of the Agency for Toxic Substances and Disease Registry, direct by Brent Wisner
- Day 3 B: 7/12/18 – Dr. Christopher Portier direct by Brent Wisner resumed
- Day 4 A: 7/13/18 – Dr. Christopher Portier direct by Brent Wisner resumed, cross by Kirby Griffis
- Day 4 B: 7/13/18 – Dr. Christopher Portier cross by Kirby Griffis resumed
- Day 5 A: 7/16/18 – Dr. Christopher Portier cross by Kirby Griffis resumed
- Day 5 B: 7/16/18 – Dr. Christopher Portier cross by Kirby Griffis resumed, redirect by Brent Wisner
- Day 6 A: 7/17/18 – Dr. Christopher Portier redirect by Brent Wisner resumed, video deposition of Dr. William Heydens continued from Day 2, Monsanto Co. Product Safety Assessment Strategy Lead
- Day 6 B: 7/17/18 – Video deposition of Daniel Jenkins, Monsanto’s former US Agency Manager for Regulatory Affairs, video deposition of Daniel Goldstein, Monsanto Co. Lead, Medical Sciences and Outreach and Distinguished Science Fellow
- Day 7 A: 7/18/18 – Dr. Alfred Neugut, medical oncologist and cancer epidemiologist at Columbia University, direct by Brent Wisner
- Day 7 B: 7/18/18 – Dr. Alfred Neugut direct by Brent Wisner resumed, cross by George Lombardi, redirect by Brent Wisner, recross by George Lombardi, re-redirect by Brent Wisner
- Day 8 A: 7/20/18 – Dr. Chadi Nabhan, hematologist and medical oncologist, direct by David Dickens
- Day 8 B: 7/20/18 – Dr. Chadi Nabhan, direct by David Dickens resumed, cross by George Lombardi, redirect by David Dickens, recross by George Lombardi, re-redirect by David Dickens
- Day 9 A: 7/23/18 – Dr. Ope Ofodile, Mr. Johnson’s dermatologist, direct by Brent Wisner, redirect by Kirby Griffis; Araceli Johnson, plaintiff’s wife, direct by David Dickens; Dewayne “Lee” Johnson, plaintiff, direct by David Dickens
- Day 9 B: 7/23/18 – Dewayne “Lee” Johnson, plaintiff, direct by David Dickens resumed, cross by Sandra Edwards, video deposition of Daniel Goldstein resumed
- Day 10 A: 7/24/18 – Video deposition of Daniel Goldstein resumed, video deposition of Donna Farmer, Product Protection and Nutrition Lead, Monsanto Company. Watch Part 1 Jan. 11, 2017 Donna Farmer Deposition (video) as played at trial Johnson v. Monsanto Co. and Part 2 Jan. 12, 2017 Donna Farmer Deposition (video) as played at trial Johnson v. Monsanto Co.
- Day 10 B: 7/24/18 – Video deposition of Donna Farmer resumed
- Day 11: 7/25/18 – No transcripts – Jury not present – though exhibits were admitted
- Day 12 A: 7/26/18 – William Robert Sawyer, toxicologist, direct by David Dickens
- Day 12 B: 7/26/18 – William Robert Sawyer, direct by David Dickens resumed, cross by George Lombardi, redirect by David Dickens, recross by George Lombardi
- Day 13 A: 7/27/18 – Charles Benbrook, scientist and agricultural economist, direct by Brent Wisner
- Day 13 B: 7/27/18 – Charles Benbrook direct by Brent Wisner resumed, cross by Kirby Griffis, redirect by Brent Wisner, recross by Kirby Griffis
- Day 14 A: 7/30/18 – Dr. Kassim Al-Khatib, professor and weed scientist, direct by Sandra Edwards, voir dire examination by Brent Wisner, cross by Brent Wisner
- Day 14 B: 7/30/18 – Cross resumed by Brent Wisner, redirect by Sandra Edwards, recross by Brent Wisner, video deposition of Dr. Matthew Ross played, video deposition of epidemiologist Aaron Blair played.
- Day 15 A: 7/31/18 – Lorelei Mucci, associate professor of epidemiology, direct by George Lombardi, voir dire examination by Brent Wisner, direct resumed by George Lombardi
- Day 15 B: 7/31/18 – Lorelei Mucci, cross by Brent Wisner, redirect by George Lombardi, recross by Brent Wisner
- Day 16 A: 8/2/18 – Dr. Warren Foster, direct by Kirby Griffis, voir dire examination by Brent Wisner, direct resumed by Kirby Griffis
- Day 16 B: 8/2/18 – Dr. Warren Foster, direct continued by Kirby Griffis, cross by Brent Wisner, redirect by Kirby Griffis, recross by Brent Wisner
- Day 17 A: 8/3/18 – Dr. Timothy Kuzel, hematologist and oncologist, direct by Kirby Griffis, voir dire examination by David Dickens, direct continued by Kirby Griffis, cross by David Dickens
- Day 17 B: 8/3/18 – Dr. Timothy Kuzel, cross continued by David Dickens
- Day 18 A: 8/7/18 – Plaintiff closing statement by Brent Wisner
- Day 18 B: 8/7/18 – Defense closing statement by George Lombardi; Plaintiff final statement by Brent Wisner
- Plaintiff Closing Slide Presentation by R. Brent Wisner
- Day 19: 8/8/18 – Jury intructions given; Jury asks for testimony of Dr. Nabhan
- Day 20: 8/9/18 – Jury requests reading of stipulations, Monsanto’s admissions, and Dr. Foster’s testimony
- Day 21: 8/10/2018– Verdict.
Jury unanimously orders Monsanto (now Bayer) to pay $289.25 million in damages ($250 million in punitive damages and $39.25 million in compensatory damages), finding exposure to Roundup caused Mr. Johnson to develop non-Hodgkin lymphoma.
Plaintiff attorney Brent Wisner during his opening statement to the Johnson trial jury | JOSH EDELSON/AFP/ Getty Images
PTX = Plaintiff Exhibits | DX = Defense Exhibits
Day 1: 7/9/18
- Plaintiff Opening Slide Presentation by R. Brent Wisner
- Defendant Opening Slide Presentation by George C. Lombardi
- Dr. Kirk Azevedo partial deposition transcript, former Monsanto Sales Representative
- PTX 0004 – Photo of Dewayne Johnson in protective spray gear
- PTX 0006 – Photo of Dewayne Johnson in protective mask and suit
- PTX 0007 – Photo of Dewayne Johnson’s family
- PTX 0009 – Photo of Dewayne Johnson and family
- PTX 0016 – Photo of tank and equipment
- PTX 0018 – Photo of Dewayne Johnson’s hand
- PTX 0020 – Photo of Dewayne Johnson’s lesions
- PTX 0021 – Photo of Dewayne Johnson’s back
- PTX 0022 – Photo of Dewayne Johnson’s torso
- PTX 0139 – John Acquavella and Donna Farmer review of Hardell & Eriksson
- PTX 0144 – Monsanto email from John Acquavella re: Epidemiology Studies on Glyphosate (2000)
- PTX 0182 – Photo of the IARC Working Group, Monograph 112
- PTX 0215 – Monsanto email re: Actions from 12/17/98 Meeting on Mutagenicity (1998)
- PTX 0216 – Monsanto email re: Draft of Minutes 1/15/99 Meeting (1999)
- PTX 0220 – Dr. James Parry: Evaluation of the Potential Genotoxicity of Glyphosate, Glyphosate Mixtures and Component Surfactants
- PTX 0221 – Monsanto email re: Parry Report
- PTX 0263 – Monsanto email re: Draft of Minutes 1/15/99 Meeting (1999)
- PTX 0264 – Dr. Parry report with handwritten comments (1999)
- PTX 0292 – Monsanto’s IARC Strategy (Feb 2015)
- PTX 0293 – Differences in Carcinogenic Evaluation of Glyphosate Between IARC and EFSA (Portier, 2016)
- PTX 0294 – Monsanto email re: IARC Evaluation of Glyphosate (2014)
- PTX 0306 – American Cancer Society: Known and Probable Human Carcinogens
- PTX 0312 – Monsanto email re: McDuffee Article
- PTX 0366 – Monsanto email re: Document List (2015)
- PTX 0373 – Monsanto email re: Glyphosate Toxicology Activities (2010)
- PTX 0377 – Williams, Kroes, Munro Study
- PTX-0482-Monsanto email re: Glyphosate and NHL / Alachlor (2003)
- PTX 0513 – Monsanto email re: Beyond-Pesticides Article (2008)
- PTX 0669 – Glyphosate Use and Cancer Incidence in the AHS (2017)
- PTX 0686 – Genotoxic Activity of Glyphosate / Roundup Study (1997)
- PTX 0701 – Systematic Review and Meta-Analysis of Glyphosate Exposure and Risk of Lymphohematopoietic Cancers (2016)
- PTX 0710 – Integrative Assessment of Multiple Pesticides as Risk Factors for Non-Hodgkin’s Lymphoma Among Men, De Roos (2003)
- PTX 0756 – Monsanto email re: Popular Herbicide Linked to Cancers
- PTX 0766 – Does Exposure to Glyphosate Lead to an Increase in the Micronuclei Frequency? A Systematic and Meta-Analytic Review (2016)
- PTX 0777 – Exposure to Pesticides as Risk Factor for Non-Hodgkin Lymphoma and Hairy Cell Leukemia: Pooled Analysis of Two Swedish Case-Control Studies
- PTX 0784 – IARC Glyphosate Monograph 112
- PTX 0809 – Genotoxicity and Oxidative Stress Induced by Pesticide Exposure in Bovine Lymphocyte Cultures in vitro (1998)
- PTX 0818 – Non-Hodgkin Lymphoma and Specific Pesticide Exposures in Men: Cross-Canada Study of Pesticides and Health (2001)
- PTX 0842 – P- Post Labeling Detection of DNA Adducts in Mice Treated with the Herbicide Roundup (1998)
- PTX 0852 – Genotoxicity testing of the herbicide Roundup and its active ingredient glyphosate isopropylamine using the mouse bone marrow micronucleus test, Salmonella mutagenicity test, and Allium anaphase-telophase test (1993)
- PTX 0861 – Non-Hodgkin Lymphoma and Occupational Exposure to Agricultural Pesticide Chemical Groups and Active Ingredients: A Systematic Review and Meta-Analysis (2014)
Day 2: 7/10/18
Martens Depo Exhibits
- Dr. Mark Martens partial deposition transcript, former Monsanto Executive, Toxicology Agriculture Research & Development Director for Monsanto Europe
- DX 2181 – CV for Dr. Mark Martens
- PTX 0208 – Monsanto email re: Fellow Nomination (2001)
- PTX 0209 – Surfactant Toxicology Report: Europe and Africa
- PTX 0215 – Monsanto email re: Actions from 12/17/98 Meeting on Mutagenicity (1998)
- PTX 0216 – Monsanto email re: Draft of Minutes 1/15/99 Meeting (1999)
- PTX 0217 – CV for Dr. James Parry
- PTX 0218 – Monsanto email re: Meeting Minutes 2/25 (1999)
- PTX 0219 – Monsanto email re: Comments on Parry write-up (1999)
- PTX 0220 – Dr. James Parry: Evaluation of the Potential Genotoxicity of Glyphosate, Glyphosate Mixtures and Component Surfactants
- PTX 0221 – Monsanto Email re: Parry Report
- PTX 0269 – Monsanto Email fw: Meeting Prof Parry 15 Feb 2001
- PTX 0270 – Monsanto Email re: Comments on Parry write-up (1999)
Heydens Depo Exhibits
- Dr. William Heydens partial deposition transcript, Monsanto Company Product Safety Assessment Strategy Lead
- PTX 0294 – Monsanto email re: IARC Evaluation of Glyphosate (2014)
- PTX 0336 – Monsanto email re: Post-IARC Activities to Support Glyphosate (2015)
- PTX 0357 – Monsanto email re: CE Collaboration Project (2015)
- PTX 0359 – Monsanto email re: Need for telephone conversation/Followup (2016)
- PTX 0361 – Consulting Agreement for Larry Kier (2015)
- PTX 0362 – Monsanto email re: IARC Planning (2015)
- PTX 0363 – Monsanto email re: Glyphosate Expert Panel Manuscripts (2016)
- PTX 0366 – Monsanto email re: Document List (2015)
- PTX 0368 – Monsanto email re: RE: summary article
- PTX 0369 – Monsanto email fw: Genotoxicity Panel Final Manuscript (2016)
- PTX 0373 – Monsanto Email re: Glyphosate Toxicology Activities (2010)
- PTX 0378 – Monsanto email re: Scientific Outreach Council Meeting (1999)
- PTX 0379 – Monsanto email re: Revised IARC reactive messaging (2015)
- PTX 0383 – Monsanto email re: KP Conversation on POEA (2010)
- PTX 0391 – Monsanto email re: Proposal for Post‐IARC Meeting Scientific Projects (2015)
- PTX 0394 – Monsanto email re: Declaration of Interest (2016)
- PTX 0883 – Critical Reviews in Toxicology: A review of the carcinogenic potential of glyphosate by four independent expert panels and comparison to the IARC assessment (2016)
Day 3: 7/12/18
- PTX 0166 – IARC Preamble
- PTX 0292 – Monsanto’s IARC Strategy (Feb 2015)
- PTX 0295 – IARC Monograph 112 list of participants
- PTX 0640 – EPA Guidelines for Carcinogen Risk Assessment (2005)
- PTX 0710 – Integrative assessment of multiple pesticides as risk factors for non-Hodgkin’s lymphoma among men; De Roos (2003)
- PTX 0784 – IARC Glyphosate Monograph 112
- PTX 0818 – Non-Hodgkin Lymphoma and Specific Pesticide Exposures in Men: Cross-Canada Study of Pesticides and Health (2001)
- PTX 0884 – Safety Evaluation and Risk Assessment of the Herbicide Roundup and Its Active Ingredient, Glyphosate, for Humans; Williams, Kroes, Munro (2000)
- PTX 1020 – Demo 2: Mice Studies | Tumors Chart
- PTX 1021 – Demo 3: Rat Studies | Tumors Chart
- PTX 1022 – Demo 4: Epidemiology Plot Summary of ever/never
- PTX 1023 – Demo 5: Confidence Interval Probability Curve
- PTX 1024 – Demo 6: Tumor Formation Diagram
Day 4: 7/13/18
- PTX 1030 – Estimated Agricultural Use of Glyphosate 1993 and 2015
- DX 2212 – Dr. Christopher Portier deposition transcript, former Director of the Agency for Toxic Substances and Disease Registry, former Associate Director of the National Toxicology Program (NTP), former Associate Director of National Institutes of Health, former Director of the National Center for Environmental Health (NCEH) at the Centers for Disease Control and Prevention (CDC), former Director of the Agency for Toxic Substances and Disease Registry (ATSDR)
- DX 2320 – ECHA Committee for Risk Assessment Opinion proposing harmonised classification and labelling at EU level of glyphosate (2018)
- DX 2323 – EFSA: Conclusion on the peer review of the pesticide risk assessment of the active substance glyphosate (2015)
- DX 2403 – Dr. Christopher Portier Email re: IARC Monograph on Glyphosate (2015)
- DX 2437 – EPA Cancer Assessment Review Committee Evaluation of the Carcinogenic Potential of Glyphosate (2015)
- DX 2570 – Critical Reviews in Toxicology: Evaluation of carcinogenic potential of the herbicide glyphosate, drawing on tumor incidence data from fourteen chronic/carcinogenicity rodent studies (2015)
- DX 2735 – Dr. Christopher Portier and others – open letter: Review of the Carcinogenicity of Glyphosate by EFSA and BfR (2015)
- DX 2747 – EFSA Responds to Dr. Christopher Portier’s open letter: Review of the Carcinogenicity of Glyphosate by EFSA and BfR (2016)
- DX 2931 – Is Glyphosate Carcinogenic? Debate Between Dr. Christopher Portier and Dr. Jose Tarazona
Day 5: 7/16/18
No Exhibits
Day 6: 7/17/18
William Heydens Depo Exhibits
- Dr. William Heydens partial deposition transcript (continued from Day 3), Monsanto Company Product Safety Assessment Strategy Lead
- PTX 0259 – Ghost Writing Initiated by Commercial Companies – The World Association of Medical Editors
- PTX 0295 – IARC Monograph 112 list of participants
- PTX 0388 – Monsanto Email re: EPA openly discussed IARC findings at a CLA meeting on Thursday (2015)
- PTX 0392 – Monsanto Email re: John, Glyphosate Expert Panel Poster at 2015 SRA Meeting
- DX 2114 – Genotoxicity Expert Panel review: weight of evidence evaluation of the genotoxicity of glyphosate, glyphosate-based formulations, and aminomethylphosphonic acid (2016)
- DX 2220 – Deposition of Dewayne Johnson December of 2017
- DX 3010 – Glyphosate in the general population and in applicators: a critical review of studies on exposures; Solomon (2016)
- DX 3109 – Glyphosate rodent carcinogenicity bioassay expert panel review (2016)
- DX 3110 – Safety Evaluation and Risk Assessment of the Herbicide Roundup and Its Active Ingredient, Glyphosate, for Humans
Daniel Jenkins Depo Exhibits
- Daniel Jenkins final deposition transcript, Monsanto’s former US Agency Manager for Regulatory Affairs
- PTX 0371 – Monsanto Email re: A Review of the Carcinogenic Potential of Glyphosate by Four Independent Expert Panels and Comparison to the IARC Assessment (2016)
- PTX 0399 – Monsanto Email Fwd: US Government Outreach – WHO IARC Clarification on Glyphosate (2015)
- PTX 0400 – Monsanto Email to Michael Goodis, Jess Rowland and others at EPA (2015)
- PTX 0402 – Monsanto Email re: GA Update on US Government Outreach – WHO IARC Clarification on Glyphosate (2015)
- PTX 0403 – Monsanto Email re: ATSDR from Jack Housenger EPA (2015)
- PTX 0404 – Monsanto Email re: Glyphosate IARC Question (2015)
Daniel Goldstein Depo Exhibits
- Dr. Daniel Goldstein partial deposition transcript, Monsanto Co. Lead, Medical Sciences and Outreach and Distinguished Science Fellow
- PTX 0309 – Monsanto Email re: NHL abstract (2000)
- PTX 0311 – Monsanto Email re: ISSE Meeting – epidemiology studies glyphosate (2004)
- PTX 0312 – Monsanto email re: McDuffee Article
- PTX 0313 – Monsanto Email re: McDuffee paper (2001)
- PTX 0314 – Email Article re: NHL and Glyphosate, Alachlor (2003)
- PTX 0315 – Monsanto Email re: FYI Aerial spraying of herbicide ‘damages DNA’ – SciDev.Net (2007)
- PTX 0316 – Monsanto Email re: Agenda / Awareness File – IMT (2008)
- PTX 0318 – Daniel Goldstein LinkedIn profile
- PTX 0319 – Monsanto Email re: New Paper (2014)
- PTX 0327 – Monsanto Community Safety and Health (Monsanto website)
- PTX 0332 – Monsanto Email re: Ranger Pro Exposure, Dewayne Johnson’s story (2014)
- PTX 0333 – Monsanto Email re: March 2015 FIFRA 6(a)(2) Reports (2015)
- PTX 0334 – Human Exposure / Adverse Events Incidents Involving Monsanto Lawn & Garden Products, March 2015
- PTX 0335 – Monsanto Email re: Round-Up information for posting on the net (2004)
Day 7: 7/18/18
- PTX 0284 – IARC Monographs: 40 Years of Evaluating Carcinogenic Hazards to Humans; Portier, et al. (2015)
- PTX 0669 – Glyphosate Use and Cancer Incidence in the AHS (2017)
- PTX 0682 – Methodological Issues Regarding Confounding and Exposure Misclassification in Epidemiological Studies of Occupational Exposures; Blair, et al. (2007)
- PTX 0684 – Impact of Pesticide Exposure Misclassification on Estimates of Relative Risks in the Agricultural Health Study; Blair, et al. (2011)
- PTX 1029 – Dr. Alfred Neugut Demo: Forest Plots of Relative Risk
- PTX 1032 – Glyphosate Use by Year and Crop
- PTX 1033 – Bradford-Hill Criteria for Causality
- PTX 1034 – Other Pesticides Missed by AHS
- DX 2052 – Glyphosate Use and Cancer Incidence in the Agricultural Health Study (2017)
- DX 2598 – Using multiple imputation to assign pesticide use for non-responders in the follow-up questionnaire in the Agricultural Health Study; Heltshe, et al. (2012)
- DX 3153 – Postdiagnosis Changes in Cigarette Smoking and Survival Following Breast Cancer; Parada Jr., et al. (2017)
Day 8: 7/20/18
- PTX 0332 – Monsanto Email re: Ranger Pro Exposure, Dewayne Johnson’s story (2014)
- PTX 0333 – Monsanto Email re: March 2015 FIFRA 6(a)(2) Reports (2015)
- PTX 0820 – Minimum Latency & Types or Categories of Cancer (2015)
- PTX 1031 – Lee Johnson: Risk Factors for Non-Hodgkin Lymphoma (demonstrative board that was filled out before the court)
- PTX 1036 – The 2016 revision of the World Health Organization classification of lymphoid neoplasms; Swerdlow, et al.
- PTX 1039 – Lee Johnson Timeline
- DX 2191 – Cancer Incidence among Glyphosate-Exposed Pesticide Applicators in the Agricultural Health Study; De Roos, et al. (2005)
- DX 2193 – Integrative assessment of multiple pesticides as risk factors for non-Hodgkin’s lymphoma among men; De Roos, et al. (2003)
- DX 2505 – Pesticide exposure as risk factor for non-Hodgkin lymphoma histopathological subgroup analysis; Eriksson, Hardell, et al. (2008)
- DX 2779 – Non-Hodgkin’s Lymphoma and Specific Pesticide Exposures in Men: Cross-Canada Study of Pesticides and Health; McDuffie, et al. (2001)
Day 9: 7/23/18
- PTX 0006 – Photo of Dewayne Johnson in protective mask and suit
- PTX 0007 – Photo of Dewayne Johnson’s family
- PTX 0012 – Photo of the Johnson Family Snowboarding
- PTX 0014b – Video of Dewayne Johnson talking about work
- PTX 0016 – Photo of tank and equipment
- PTX 0018 – Photo of Dewayne Johnson’s hand
- PTX 0024 – Photo of Dewayne Johnson and his two sons
- PTX 32A – Photos of Dewayne Johnson, Oct. 3, 2014
- PTX 32B – Photos of Dewayne Johnson, Oct. 29, 2014
- PTX 32E – Photos of Dewayne Johnson, March and April, 2015
- PTX 32J – Photos of Dewayne Johnson, Sept. 3, 2015
- PTX 0045D – Photos of Dewayne Johnson, June, 2017
- PTX 0045E – Photos of Dewayne Johnson, Nov., 2017
- PTX 0045F – Photos of Dewayne Johnson, Jan., 2018
- PTX 0126 – Photo of Sprayer
- PTX 0332 – Monsanto Email re: Ranger Pro Exposure, Dewayne Johnson’s story (2014)
- PTX 0334 – Human Exposure / Adverse Events Incidents Involving Monsanto Lawn & Garden Products, March 2015
- PTX 0848 – Ranger Pro Herbicide: Complete Directions for Use
Day 10: 7/24/18
- Partial Deposition of Donna Farmer
- Partial Deposition of Daniel Goldstein
- PTX 0227 – Monsanto email re: URGENT – Glyphosate IARC response-request for additional experts (2015)
- PTX 0258 – Monsanto email re: First Half… “I added a section in genotox from the Gasnier study…” (2010)
- PTX 0261 – Monsanto email re: John, Glyphosate Expert Panel Poster at 2015 SRA Annual Meeting (2015)
- PTX 0263 – Monsanto email re: Draft of Minutes 1/15/99 Meeting (1999)
- PTX 0264 – Dr. Parry report with handwritten comments (1999)
- PTX 0265 – Etheramine Working Group Meeting Notes (1999)
- PTX 0266 – Monsanto email re: Mutagenicity assessment of Roundup by Parry (1999)
- PTX 0267 – Monsanto email re: micro-MN results (2000)
- PTX 0268 – Monsanto email re: Parry report (1999)
- PTX 0270 – Monsanto Email re: Comments on Parry write-up (1999)
- PTX 0271 – Donna Farmer Product Safety Center Toxicology Goals (2004)
- PTX 0272 – Dr. James Parry: Evaluation of the Potential Genotoxicity of Glyphosate, Glyphosate Mixtures and Component Surfactants (1999)
- PTX 0282 – Glyphosate Stewardship, Epidemiology and the Farm Family Exposure Study (2002)
- PTX 0292 – Monsanto’s IARC Strategy (Feb 2015)
- PTX 0294 – Monsanto email re: IARC Evaluation of Glyphosate (2014)
- PTX 0304 – Monsanto IARC Media Training (2015)
- PTX 0305 – Monsanto email re: Roundup article in Fremantle Herald (2009)
- PTX 0336 – Monsanto email re: Post-IARC Activities to Support Glyphosate (2015)
- PTX 0357 – Monsanto email re: CE Collaboration Project (2015)
- PTX 0361 – Consulting Agreement for Larry Kier (2015)
- PTX 0363 – Monsanto email re: Glyphosate Expert Panel Manuscripts (2016)
- PTX 0366 – Monsanto email re: Document List (2015)
- PTX 0368 – Monsanto email re: RE: summary article
- PTX 0369 – Monsanto email fw: Genotoxicity Panel Final Manuscript (2016)
- PTX 0371 – Monsanto Email re: A Review of the Carcinogenic Potential of Glyphosate by Four Independent Expert Panels and Comparison to the IARC Assessment (2016)
- PTX 0373 – Monsanto email re: Glyphosate Toxicology Activities (2010)
- PTX 0378 – Monsanto email re: Scientific Outreach Council Meeting (1999)
- PTX 0379 – Monsanto email re: Revised IARC reactive messaging (2015)
- PTX 0388 – Monsanto Email re: EPA openly discussed IARC findings at a CLA meeting on Thursday (2015)
- PTX 0391 – Monsanto email re: Proposal for Post‐IARC Meeting Scientific Projects (2015)
- PTX 0392 – Monsanto Email re: John, Glyphosate Expert Panel Poster at 2015 SRA Meeting
- PTX 0400 – Monsanto Email to Michael Goodis, Jess Rowland and others at EPA (2015)
- PTX 0402 – Monsanto Email re: GA Update on US Government Outreach – WHO IARC Clarification on Glyphosate (2015)
- PTX 0404 – Monsanto Email re: Glyphosate IARC Question (2015)
- PTX 0513 – Monsanto email re: Beyond-Pesticides Article (2008)
- PTX 0556 – Monsanto Email re: NTP will be Evaluating Glyphosate now! (2016)
- DX 2513 – The Toxicity Profiles of Five Surfactants Used in Roundup Branded Agricultural Herbicides (2008)
Day 11: 7/25/18
- PTX 0309 – Monsanto Email re: NHL abstract (2000)
- PTX 0311 – Monsanto Email re: ISSE Meeting – epidemiology studies glyphosate (2004)
- PTX 0312 – Monsanto email re: McDuffee Article
- PTX 0313 – Monsanto Email re: McDuffee paper (2001)
- PTX 0314 – Email Article re: NHL and Glyphosate, Alachlor (2003)
- PTX 0315 – Monsanto Email re: FYI Aerial spraying of herbicide ‘damages DNA’ – SciDev.Net (2007)
- PTX 0316 – Monsanto Email re: Agenda / Awareness File – IMT (2008)
- PTX 0319 – Monsanto Email re: New Paper (2014)
- PTX 0321 – Monsanto Email re: ACSH (2015)
- PTX 0326 – Monsanto Email re: Adverse Event Reporting (2015)
Day 12: 7/26/18
No Exhibits Admitted
Day 13: 7/27/18
- PTX 0154 – John Acquavella Discussion of Agricultural Health Study Limitations (1997)
- PTX 0166 – IARC Preamble
- PTX 0169 – IARC Glyphosate Monograph (2015)
- PTX 0258 – Monsanto email re: First Half… “I added a section in genotox from the Gasnier study…” (2010)
- PTX 0261 – Monsanto email re: John, Glyphosate Expert Panel Poster at 2015 SRA Annual Meeting (2015)
- PTX 0263 – Monsanto email re: Draft of Minutes 1/15/99 Meeting (1999)
- PTX 0266 – Monsanto email re: Mutagenicity assessment of Roundup by Parry (1999)
- PTX 0267 – Monsanto email re: micro-MN results (2000)
- PTX 0271 – Donna Farmer Product Safety Center Toxicology Goals (2004)
- PTX 0288 – Monsanto Email re: Glyphosate Overview (2015)
- PTX 0289 – Monsanto Email re: CA and Glyphosate (2015)
- PTX 0290 – Monsanto Email re: “overrun by liberals and morons…sort of like a zombie movie” (2015)
- PTX 0291 – Steven Gould: Cost on CA Municipalities Markets
- PTX 0299 – Monsanto Email re: Tools to help you address local concerns about IARC and litigation claims with glyphosate (2015)
- PTX 0304 – Monsanto IARC Media Training (2015)
- PTX 0305 – Monsanto email re: Roundup article in Fremantle Herald (2009)
- PTX 0443 – Monsanto Manuscript Clearance Form: Global Regulatory (2012)
- PTX 0445 – Monsanto Email re: Genotox Review; your approval requested! (2012)
- PTX 0537 – EPA Mouse Oncogenicity Study (1985)
- PTX 0591 – EPA Consensus Review of Glyphosate (1985)
- PTX 1020 – Demo 2: Mice Studies | Tumors Chart
- PTX 1021 – Demo 3: Rat Studies | Tumors Chart
- PTX 1035 – Dr. Neugut PowerPoint Presentation
- PTX 1043 – Glyphosate’s Rise to the Top — EPA Rankings of the Top Pesticides by Year in the U.S. Agricultural Sector, 1987-2001
- PTX 0513 – Monsanto email re: Beyond-Pesticides Article (2008)
- PTX 0556 – Monsanto Email re: NTP will be Evaluating Glyphosate now! (2016)
Day 14: 7/30/18
Dr. Aaron Blair Exhibits
- PTX 0165 – CV for Dr. Aaron Blair
- PTX 0166 – IARC Preamble
- PTX 0167 – IARC Monographs on the Evaluation of Carcinogenic Risks to Humans VOLUME 112: List of Participants
- PTX 0168 – An Evaluation Of Glyphosate Use And The Risks Of Non-Hodgkin Lymphoma Major Histological Sub-Types In The North American Pooled Project (2015)
- PTX 0169 – IARC Glyphosate Monograph (2015)
- PTX 0173 – IARC Monographs: 40 Years of Evaluating Carcinogenic Hazards to Humans (2015)
- PTX 0664 – Increased Cancer Burden Among Pesticide Applicators and Others Due to Pesticide Exposure (2013)
- DX 2035 – DRAFT Lymphoma risk and pesticide use in the Agricultural Health Study (2013)
- DX 2036 – DRAFT Risk of total and cell specific non-Hodgkin Lymphoma and pesticide use in the Agricultural Health Study (2013)
- DX 2333 – Blair Email Chain (2014)
- DX 2336 – Blair Email Chain (2015)
- DX 2337 – Blair Email Chain (2015)
- DX 2339 – Blair Email Chain (2015)
- DX 2360 – Blair Email Chain (2015)
- DX 2374 – Blair Email Chain (2015)
- DX 2375 – Blair Email Chain (2014)
- DX 2379 – Blair Email Chain (2014)
- DX 2419 – Blair Email Chain (2016)
- DX 2424 – Blair Email Chain (2016)
- DX 2851 – 2015 PowerPoint Presentation: Occupational Cancer Research Center – An Evaluation of Glyphosate Use and the Risk of Non-Hodgkin Lymphoma Major Histological Sub-Types in the North American Pooled Project
Dr. Matthew Ross Exhibits
- PTX 0293 – Differences in Carcinogenic Evaluation of Glyphosate Between IARC and EFSA (Portier, 2016)
- DX 2412 – Ross Email Chain (2015)
- DX 2413 – Ross Email Chain (2015)
- DX 2416 – Ross Email Chain (2015)
- DX 2580 – 3/6/2015: Plenary General Remarks
- DX 2635 – IARC Preamble
Day 15: 7/31/18
- PTX 0293 – Differences in Carcinogenic Evaluation of Glyphosate Between IARC and EFSA (Portier, 2016)
- PTX 0681 – Patterns of Pesticide Use among Farmers: Implications for Epidemiologic Research; Blair & Zahm (1993)
- PTX 0682 – Methodological Issues Regarding Confounding and Exposure Misclassification in Epidemiological Studies of Occupational Exposures; Blair, et al. (2007)
- PTX 0709 – Cancer Incidence among Glyphosate-Exposed Pesticide Applicators in the Agricultural Health Study; De Roos et al. (2005)
- PTX 0710 – Integrative Assessment of Multiple Pesticides as Risk Factors for Non-Hodgkin’s Lymphoma Among Men, De Roos (2003)
- PTX 0777 – Exposure to Pesticides as Risk Factor for Non-Hodgkin Lymphoma and Hairy Cell Leukemia: Pooled Analysis of Two Swedish Case-Control Studies
- PTX 0778 – A Case-Control Study of Non-Hodgkin Lymphoma and Exposure to Pesticides; Hardell, Eriksson (1999)
- PTX 0818 – Non-Hodgkin Lymphoma and Specific Pesticide Exposures in Men: Cross-Canada Study of Pesticides and Health (2001)
- DX 2052 – Glyphosate Use and Cancer Incidence in the Agricultural Health Study (2017)
- DX 2191 – Cancer Incidence among Glyphosate-Exposed Pesticide Applicators in the Agricultural Health Study; De Roos, et al. (2005)
- DX 2193 – Integrative assessment of multiple pesticides as risk factors for non-Hodgkin’s lymphoma among men; De Roos, et al. (2003)
- DX 2333 – Blair Email Chain (2014)
- DX 2336 – Blair Email Chain (2015)
- DX 2337 – Blair Email Chain (2015)
- DX 2339 – Blair Email Chain (2015)
- DX 2360 – Blair Email Chain (2015)
- DX 2374 – Blair Email Chain (2015)
- DX 2375 – Blair Email Chain (2014)
- DX 2412 – Ross Email Chain (2015)
- DX 2413 – Ross Email Chain (2015)
- DX 2416 – Ross Email Chain (2015)
- DX 2419 – Blair Email Chain (2016)
- DX 2424 – Blair Email Chain (2016)
- DX 2505 – Pesticide exposure as risk factor for non-Hodgkin lymphoma histopathological subgroup analysis; Eriksson, Hardell, et al. (2008)
- DX 2580 – 3/6/2015: Plenary General Remarks
- DX 2584 – Exposure to Pesticides as Risk Factor for Non-Hodgkin’s Lymphoma and Hairy Cell Leukemia: Pooled Analysis of Two Swedish Case-control Studies; Hardell, et al. (2002)
- DX 2598 – Using multiple imputation to assign pesticide use for non-responders in the follow-up questionnaire in the Agricultural Health Study; Heltshe, et al. (2012)
- DX 2779 – Non-Hodgkin’s Lymphoma and Specific Pesticide Exposures in Men: Cross-Canada Study of Pesticides and Health; McDuffie, et al. (2001)
- DX 2867 – An Evaluation of Glyphosate Use and the Risk of Non-Hodgkin Lymphoma Major Histological Sub-Types in the North American Pooled Project, PowerPoint Presentation (2015)
Day 16: 8/2/18
- PTX 0762 – FIFRA Scientific Advisory Panel Meeting Minutes and Final Report: EPA’s Evaluation of the Carcinogenic Potential of Glyphosate, 2017
- PTX 0765 – Studies on glyphosate-induced carcinogenicity in mouse skin: A proteomic approach; George, et. al (2009)
- PTX 1020 – Demo 2: Mice Studies | Tumors Chart
- PTX 1021 – Demo 3: Rat Studies | Tumors Chart
- PTX 1062 – OECD Guideline for the Testing of Chemicals: Carcinogenicity Studies (2018)
- PTX 1063 – Spontaneous Neoplastic Lesions in the CrI:CD-1(ICR) Mouse in Control Groups from 18 Month to 2 year Studies (2005)
- DX 2071 – CLH report Proposal for Harmonised Classification and Labelling: Glyphosate (2008)
- DX 2481 – Glyphosate Issue Paper: Evaluation of Carcinogenic Potential | EPA’s Office of Pesticide Programs (2016)
- DX 2486 – Revised Glyphosate Issue Paper: Evaluation of Carcinogenic Potential EPA’s Office of Pesticide Programs (2017)
- DX 2489 – EPA Reregistration Eligibility Decision: Glyphosate (1993)
- DX 2552 – Spontaneous Neoplastic Lesions in the CrI:CD-I (ICR)BR Mouse (2000)
- DX 2570 – Critical Reviews in Toxicology: Evaluation of carcinogenic potential of the herbicide glyphosate, drawing on tumor incidence data from fourteen chronic/carcinogenicity rodent studies (2015)
- DX 2865 – OECD Guideline for the Testing of Chemicals: Combined Chronic Toxicity Carcinogenicity Studies (2009)
- DX 3114 – Summary Histopathology Data for 18 Month Control Study Safepharm Laboratories Internal Project 0041-0216 (2008)
Dewayne Johnson v. Monsanto Court Documents
Order on Deposition Designations and Certain Proposed Jury Instructions(23 pages) (5.17.18)– Judge rules plaintiffs can present punitive damages in CA State Court case DEWAYNE JOHNSON vs. MONSANTO COMPANY, ET AL. Deposition designations start on page 17. Rulings are in limine and so subject to review by trial judge as the trial progresses.
Order on (1) Monsanto’s Omnibus Sargon Motion; (2) Monsanto’s Motion for Summary Judgment; (3) Plaintiff’s Omnibus Sargon Motion; (4) Plaintiff’s Motion for Summary Adjudication (48 pages) (5.17.18)– Judge issues ruling in CA State Court case DEWAYNE JOHNSON vs. MONSANTO COMPANY, ET AL.
- Monsanto’s Omnibus Sargon Motion: The judge ruled to exclude Dr. Portier’s pooling analysis and any conclusions that depend on it, Dr. Sawyer’s water permeability test and cancer slope opinions, certain testimony from Dr. Benbrook and Dr. Mills’ opinion as to total lost income. Otherwise motion was denied.
- Monsanto’s Motion for Summary Judgment and Adjudication: The motions were denied.
- Plaintiff’s Omnibus Sargon Motion: The judge ruled to exclude Dr. Rider’s opinion that the epidemiological evidence precludes the conclusion that there is a causal relationship between glyphosate exposure and non-Hodgkin lymphoma, Dr. Kuzel’s mycosis fungoides latency opinion, although Dr. Kuzel may opine generally as to latency for cancers. Otherwise the motion is denied.
- Plaintiff’s Motion for Summary Adjudication: The motion was granted.
Complaint Dewayne Johnson v. Monsanto Co. (50 pages) (1.28.16)
ABC News 7 San Francisco - Opening arguments begin in lawsuit over Roundup weed killer
The Guardian – Monsanto ‘bullied scientists’ and hid weedkiller cancer risk, lawyer tells court
US Right to Know Carey Gillam Blog: First Monsanto Roundup Cancer Trial Jury Selection
Courthouse News – Trial Begins Over Claim That Roundup Causes Cancer
KPIX CBS News TV – Trial Begins Seeking To Prove Monsanto’s Roundup Caused Man’s Cancer
CBS News – Monsanto’s Roundup goes to first trial in giant legal battle – CBS News
Food Integrity Now – Trial of The Century: Johnson v. Monsanto
ABC7 Society – Man Dying of Cancer Takes the Stand Against Monsanto
Australia Broadcasting Corp Radio – Victorian Country Hour for Wednesday 11th July 2018
Politico EU – The man who haunts Europe’s food safety watchdog
Courthouse News – Judge Culls Cancer Expert’s Testimony in Roundup Trial
Courthouse News – Monsanto Lawyer Clashes With Cancer Expert in Roundup Trial
Courthouse News – Yelling Breaks Out During Roundup Cancer Link Trial
Organic Consumers Association
- Plaintiff Testifies in Landmark Monsanto Roundup Trial
- Monsanto Trial: Two Days Closer to a Verdict
- Monsanto Trial: Toxicologist Explains to Jury How Monsanto Colluded With EPA
- Ed Begley, Jr. Attends Monsanto Trial
- Plaintiff’s Final Live Witness Testifies in Monsanto Trial
- Monsanto’s Herbicide Expert Has Bad Day in Court
- Neil Young and Daryl Hannah at Monsanto Roundup Trial
- Monsanto Pays Harvard Wizard $100k to Perform Statistical Magic Show for Jury
FigaroLive – Glyphosate: “Monsanto should have prevented risks”
ABC7 – Case against Monsanto over Roundup, Ranger Pro goes to jury
The Guardian – Monsanto ordered to pay $289m as jury rules weedkiller caused man’s cancer
Wall Street Journal – Monsanto Hit by $289 Million Verdict in Cancer Case
Democracy Now! – Historic Ruling Against Monsanto Finds Company: watch video
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$265 Million Settlement Fatal Train Crash
In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.
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In May of 2019, the jury in the case of Pilliod et al. v, Monsanto Company ordered the agrochemical giant to pay $2.055 billion in damages to the plaintiffs, Alva and Alberta Pilliod, a Bay Area couple in their 70s.
Our Case Results
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$265 Million Settlement Fatal Train Crash
In 2016, Wisner Baum attorney Timothy A. Loranger and six other attorneys in the Plaintiffs’ Management Committee were able to secure a $265 million settlement for victims of the 2015 Amtrak 188 derailment in Philadelphia, one of the largest in the U.S. for 2016.
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$3.5 Million Settlement Fatal Train Crash
Wisner Baum secured a $3.5 million settlement on behalf of an individual who died on a train.
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$2 Million Settlement Fatal Train Crash
Wisner Baum obtained a $2 million settlement on behalf of a passenger who died on a train.
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Wisner Baum obtained a $2.8 million wrongful death settlement for a train passenger.
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