STORY FROM: Benzene & Emerging Toxic Torts Litigation

Hawaii Court Refuses to Dismiss Roundup Claims on Preemption Grounds, Says Claims Aren’t Precluded by Comments j or k

HONOLULU – A Hawaii federal court has rejected Monsanto’s efforts to dismiss a Roundup exposure suit on a number of grounds, in part ruling that there was a genuine issue of fact as to whether the plaintiffs were diligent in discovering their claims.

In the June 29 order, the U.S. District Court for the District of Hawaii additionally declined to dismiss the claims on grounds that they were preempted by FIFRA or precluded by comments j or k of the Restatement (Second) of Torts.

The plaintiffs, Christine and Kenneth Sheppard, contended that while owning and operating a coffee farm ...

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