Firm Client Monsanto Secures Summary Judgment in Roundup Suit



M.D. Ga. -- United States District Court for the Middle District of Georgia

Toxic Torts & Products Liability


The U.S. District Court for the Middle District of Georgia granted summary judgment in favor of Firm client, Monsanto, on plaintiffs’ failure to warn and breach of implied warranty claims in a products liability suit involving Roundup-branded herbicides.  Terry v. Monsanto Co., No. 7:19-CV-98 (HL), 2021 WL 4473408 (M.D. Ga. Sept. 29, 2021).  Plaintiffs allege that Mr. Terry’s renal cancer was caused by his occupational and home use of Roundup® products.  The court granted summary judgment in favor of Monsanto on the failure to warn claims, concluding that because Mr. Terry admitted during his deposition that he did not read the labels on the Roundup® products that he allegedly used, plaintiffs could not establish proximate causation to support the failure to warn claims.  The court also dismissed plaintiffs’ breach of implied warranty claim because Mr. Terry never purchased any Roundup products and therefore lacked standing to assert the breach of warranty claim.

Monsanto is represented in this matter by Firm partners Eric Lasker, Martin Calhoun, and Brett Covington.