+ Roundup settlement faces key test.

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The Daily Docket

The Daily Docket

A newsletter by Reuters and Westlaw

By Caitlin Tremblay

Good morning. Today Bayer will head to court in a key test of its proposed $7.25 billion Roundup settlement. Plus, the 4th Circuit will rehear a case challenging the U.S. military's policy banning people with HIV from enlisting; the 10th Circuit will weigh a case involving a transgender woman admitted to a sorority; and the CFTC and prediction market operators will ask a judge to block New York from imposing gaming regulations. We have circled back to Monday. Here are some unusual photos to kick off the week.

Bayer faces pivotal test of $7.25 billion Roundup settlement in Missouri court

 

REUTERS/Mike Blake

A Missouri judge will hear arguments today on whether to approve Bayer’s proposed $7.25 billion Roundup settlement, which could resolve tens of thousands of lawsuits alleging the weedkiller causes cancer.

What are the arguments?
Judge Timothy Boyer will hear objections from some plaintiffs’ lawyers who argue the deal restricts claimants’ rights and doesn’t offer enough money. Supporters will argue that the settlement ensures that people with cancer will get paid at a time when litigation is more uncertain than ever after a recent U.S. Supreme Court ruling in Monsanto's favor. Bayer is Monsanto’s parent company.

Why it matters
The hearing is a key test of Bayer’s effort to put years of Roundup litigation behind it. The company faces roughly 65,000 U.S. claims and says the settlement would resolve nearly all of current and future lawsuits.

Looking ahead
Boyer is not expected to rule from the bench today, but the hearing could offer clues about the settlement's chances of winning final approval.

Dietrich Knauth has more here.

 
 

Coming up today

  • Military: The 4th Circuit will rehear en banc a case challenging the U.S. military's longstanding policy banning people with HIV from enlisting. Earlier this year the court upheld the ban, rejecting claims that advances in medical treatment made it unreasonable. Read that opinion here.
  • Juvenile detention: The 4th Circuit will rehear en banc a lawsuit from advocacy groups challenging the conditions at juvenile detention facilities overseen by the South Carolina Department of Juvenile Justice. The court previously ruled that the groups did not have standing to sue. Read that opinion here.
  • LGBTQ+: The 10th Circuit will take up a case challenging the admission of a transgender woman into the Kappa Kappa Gamma sorority chapter at the University of Wyoming.
  • Government: U.S. District Judge Jia Cobb in D.C. will hold a motion hearing in former CIA Director John Brennan’s lawsuit seeking to force the DOJ to preserve records related to federal investigations examining his role in a U.S. intelligence assessment that Russia boosted President Trump's first presidential campaign in 2016. The records and communications will be necessary for Brennan's anticipated legal challenges to a potential indictment, including to bolster claims that any future prosecution was vindictive, his lawyers argue. Read the complaint.
  • Prediction markets: U.S. District Judge Lorna Schofield in Manhattan will hold a hearing on whether the CFTC, Coinbase, Gemini Titan and the North American Derivatives Exchange deserve a preliminary injunction blocking New York from regulating prediction markets. The state considers these markets gambling but the CFTC and prediction markets operators say the CFTC deserves exclusive regulatory authority under federal law.

Court calendars are subject to last-minute docket changes.

 

More top news

  • Trump's mail-in voting restrictions blocked by a second judge
  • U.S. judge blocks Trump administration's 'loyalty' question for job applicants
  • U.S. Senate negotiators consider requiring AI firms to mitigate known major risks
  • White House weighs how to use Defense Production Act to expand US oil refining capacity, sources say
 

Industry insight

  • A defense lawyer appealing his client's murder conviction submitted a brief containing made-up police testimony and witnesses fabricated ‌by ChatGPT, New Mexico's highest court said.
  • Prominent New York dealmaker Michael Aiello is set to depart his longtime law firm Weil, Gotshal & Manges alongside five other M&A partners for Cravath, Swaine & Moore, extending a recent string of senior Weil exits.
  • D.C. lawyer Tom Goldstein asked the 4th Circuit to overturn his conviction on tax and other crimes, arguing that key evidence was excluded and that the jury was wrongly instructed on the law. 
  • Quinn Emanuel