MDL Judge Advances Most Paraquat Claims Against Syngenta, Chevron

• "Critical milestone" for exposed farmers, say their lawyers.• Judge tosses public-nuisance claims; greenlights suits for individual injuries.• First bellwether trial planned for November.

April 1, 2023 | Source: Reuters | by Barbara Grzincic

Hundreds of agricultural workers and others who say they developed Parkinson’s disease as a result of occupational exposure to the herbicide paraquat can proceed with most of their claims against Syngenta Corp. and Chevron USA, a federal judge in southern Illinois ruled Monday.

Chief U.S. District Judge Nancy Rosenstengel, who is handling the multidistrict litigation, denied Syngenta and Chevron’s motions to dismiss claims for strict product liability, negligence, breach of implied warranty and violation of several states’ consumer protection laws.

However, Rosenstengel agreed with the defendants’ lawyers at Kirkland & Ellis, Jones Day and Husch Blackwell that the plaintiffs’ public nuisance count was a “simple repackaging” of their product liability claims.

“They seek damages for their alleged injuries rather than abatement of any true public nuisance,” Rosenstengel wrote.

In a joint statement, the plaintiffs’ three lead attorneys hailed the ruling as a win.